State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-21_271

25-21,271. Change of name;persons; procedure; clerk ofthe district court; duty.(1) Any persondesiring to change his or her name shall file a petition in thedistrict court of the county in which such person may be a resident, settingforth (a) that the petitioner has been a bona fide citizen of such countyfor at least one year prior to the filing of the petition, (b) the address of the petitioner, (c) thedate of birth of the petitioner, (d) the cause for which the changeof petitioner's name is sought, and (e) the name asked for.(2) Notice of the filing of the petition shall be publishedin a newspaper in the county, and if no newspaper is printed in the county,then in a newspaper of general circulation therein. The notice shall be published(a) once a week for four consecutive weeks if the petitioner is nineteen yearsof age or older at the time the action is filed and (b) once a week for twoconsecutive weeks if the petitioner is under nineteen years of age at thetime the action is filed. In an action involving a petitioner under nineteenyears of age who has a noncustodial parent, notice of the filing of the petitionshall be sent by certified mail within five days after publication to thenoncustodial parent at the address provided to the clerk of the district courtpursuant to subsection (1) of section 42-364.13 for the noncustodial parentif he or she has provided an address. The clerk of the district court shallprovide the petitioner with the address upon request.(3) It shall be the duty of the district court, upon beingduly satisfied by proof in open court of the truth of the allegations setforth in the petition, that there exists proper and reasonable cause for changingthe name of the petitioner, and that notice of the filing of the petitionhas been given as required by this section, to order and direct a change ofname of such petitioner and that an order for the purpose be made in the journalsof the court.(4) The clerkof the district court shall deliver a copy by hard copy or electronic meansof any name-change order issued by the court pursuant to this section to theDepartment of Health and Human Services for use pursuant to sections 28-376and 28-718 and to the sex offender registration and community notificationdivision of the Nebraska State Patrol for use pursuant to section 29-4004. SourceLaws 1871, p. 62; R.S.1913, § 5316; C.S.1922, § 4609; C.S.1929, § 61-102; R.S.1943, § 61-102; Laws 1963, c. 367, § 1, p. 1184; Laws 1994, LB 892, § 1; Laws 1995, LB 161, § 1; R.S.1943, (1996), § 61-102; Laws 2010, LB147, § 1.Operative Date: January 1, 2012AnnotationsThe mere fact that a petitioner is an inmate is not a substantial reason for denying a petition for name change. In re Change of Name of Picollo, 12 Neb. App. 174, 668 N.W.2d 712 (2003).When considering a petition for name change, a district court must make findings sufficiently definitive that if an appeal is taken, the appellate court can determine whether or not the request for a name change was arbitrarily denied. In re Change of Name of Picollo, 12 Neb. App. 174, 668 N.W.2d 712 (2003).