Minor Child 13 & Under - Parent Without Criminal Conviction
The information contained on this web page is provided as a courtesy to members of the public and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service 800-362-9082 for additional assistance.
Who may petition?
The petition for name change for a minor child 13 years or younger can be made by: a. Both living parents, the sole surviving parent, or the sole adoptive parent of the minor child; b. One of the parents of the minor child who has two living parents and paternity has been established, or c. The mother and the minor child is a non-marital child who is not adopted or whose parents have not married, and paternity of the minor child has not been established; d. The legal guardian/custodian of the minor child because either both parents are dead or the parental rights of both parents have been terminated by judicial proceedings.
Jurisdiction The parent(s)/legal guardian/custodian of the individual whose name is proposed to be changed must petition the Court in the county in which he/she resides.
- Form CV-455 (PDF) Petition for Change of Name for Minor Child under 14
- Petitioner to complete the entire form and sign where indicated.
- Form CV-460 (PDF) Notice and Order for Name Change Hearing
- Petitioner to complete caption (top section) and "Notice is Given" section only.
- Form CV-470 (PDF) Order for Name Change
- Petitioner to complete document
- Form CV-480 (PDF) Response of Non-Petitioning Parent to Name Change of Minor Child Under 14
- Petitioner to include blank document with filing documents to be served on Non-Petitioning Parent.
- Non-Petitioning Parent to complete document and file with the Court.
- Form CV-465 (PDF) Affidavit of Attempted Service on Non-Petitioning Parent
- Petitioner to complete and have signature notarized if personal service is not accomplished.
The Notice and Order for Name Change Hearing must be published once a week for three consecutive weeks in a local newspaper prior to the hearing date. Contact the Oconto County Reporter for information on publication and fees to publish the legal notice.
- Legals@ocontocountyreporter.com or call 888-774-7744 and press the prompt for legal ads
Proof of Publication
After publication, the newspaper will send (usually email) the Petitioner an Affidavit of Publication. The Affidavit of Publication must be provided to the Court prior to the commencement of the name change hearing if not previously filed with the Clerk of Courts Office.
- The Court may not proceed with the name change hearing without proof of publication.
- A printed copy of the proof of publication is required for filing.
Service of Process
There is an additional service requirement for filing on behalf of a minor child under 14 - Parent without Criminal Conviction whose paternity has been established.
- If the other parent is signing the Petition as a Co-Petitioner, no service is required.
- If the other parent is on the birth certificate or has been named a parent through a court process (adoption, paternity action) and is not signing the Petition as a Co-Petitioner, it is the petitioning party's responsibility to have the other parent personally served with the filing documents and blank Form CV-480 (PDF) Response of Non-Petitioning Parent to Name Change of Minor Child under 14, within seven days of the scheduled name change hearing; and pay any service of process fees.
Personal service can be obtained by:
- Sheriff's Department in the county the other parent resides
- Private process service in the location the other parent resides; or
- Admission of Service signed by the other parent.
Proof of Service
Petitioner is responsible to provide proof of service to the Court prior to the commencement of the scheduled name change hearing if not previously filed with the Clerk of Courts Office. The Court will not proceed with the name change hearing without proof of service. Proof of service includes:
- An Affidavit/Certificate of Service will be sent to the Petitioner by the Sheriff's Department/private process server indicating the non-petitioner parent received the filing documents; or
- Admission of Service signed by the other parent.
Note: The Sheriff's Department/private process server may not provide the Petitioner with proof of service until the service of process fees are paid. If personal service cannot be accomplished, proof of due diligence in service attempt must be filed with the Court. An Affidavit/Certificate of Non-Service will be sent to the Petitioner by the Sheriff's Department/private process server.
- The Petitioner is to complete Form CV-465 (PDF) - Affidavit of Attempted Service on Non-Petitioning Parent and have his/her signature notarized.
- The Petitioner is to provide the Affidavit/Certificate of Non-Service and the Affidavit of Attempted Service on Non-Petitioning Parent to the Court prior to the commencement of the scheduled name change hearing if not previously filed with the Clerk of Courts Office.