Saturday, April 5, 2014

Where Do You File a Name Change Petition in Brooklyn?

Where Do You File a Name Change Petition in Brooklyn? 


              In Brooklyn, a person who seeks a name change files a name change petition at the Civil Court of the City of New York, in Kings County (Brooklyn).  The Civil Court in Brooklyn is located at 141 Livingston Street, Brooklyn, NY 11201. 

Christopher Tompkins is an Attorney that has been handling Legal Name Change Matters for 20 years in New York City frequently practicing in Brooklyn.  Contact him at 212 962-5363. Email:  NameChangeLawyer@gmail.com  Visit his website at http://www.ny-legal-name-change-lawyer.com/
         A name change petition with the appropriate exhibits must be submitted with a proposed name change order and this must be taken to Special Term clerk's office located on the 9th floor of the Brooklyn Civil Court.  (See my website http://www.ny-legal-name-change-lawyer.com/   to learn in detail what exhibits are necessary to attach to the petition.)  If the papers are in order, the Special Term clerk will mark the name change petition and proposed order as approved and you will then take the name change petition and proposed order to the cashier on the 2nd floor ( Rm 205) to pay for the $65 filing fee. 
          Once the filing fee is paid, the cashier will mark the petition and proposed order as paid and then mark the proposed order and petition with a stamped index number.  When this is complete, you bring the name change petition and proposed order back to the Special Term clerk office on the 9th floor where the Special Term clerks will enter the index number and information about the petition into the Brooklyn Civil Court computer data base.  
          After the Special Term clerk enters information from the name change petition into the Civil Court data base, the name change petition and proposed order are sent up to the 11th floor to court room # 1102 to be submitted to the sitting Brooklyn Civil Court judge for signature.  If you are lucky and the papers are in proper order,  the Brooklyn Civil Court will probably sign the name change order the same day. Otherwise, you usually can have obtain a signed order by the next day.  After the order is signed by the Brooklyn Civil Court judge, you must obtain a copy from the Special Term clerk's office so that you can send it to a newspaper designated by the order for publishing the name change notice. (See my website http://www.ny-legal-name-change-lawyer.com/   to learn about the name change publication requirement).  You must also send a copy of the order to government agencies and private parties that are designated by the order, if the order requires that. 
        After a few weeks when you receive an affidavit of publication from the designated newspaper, take the affidavit of publication and any proof of mailing to government agencies and private parties back to the Special Term clerk office on the 9th floor. If the affidavit of publication is properly prepared and your proof of mailing is in proper form,  the Special Term clerk will mark the name change order as complete and send you back to the cashier on the second floor where you can obtain a court certified name change order copy for $6. 

Christopher Tompkins is an Attorney that has been handling Legal Name Change Matters for 20 years in New York City frequently practicing in Brooklyn.  Contact him at 212 962-5363. Email:  NameChangeLawyer@gmail.com  Visit his website at http://www.ny-legal-name-change-lawyer.com/

Tuesday, April 1, 2014

Name Changes for Permanent Residents - Some Pitfalls.

Name Changes for Permanent Residents - Some Pitfalls.        

          Permanent Residents ( Green Card Holders)  can apply and obtain a name change order just as U.S. Citizens can.  New York Courts will grant the order since Permanent Residents have the same legal right to change their names as U.S Citizens do. 
          There are some difficulties, however, that arise for Permanent Residents.  Some countries will not recognize a New York name change order for passport purposes. Notably, Permanent Residents from Brazil seem to have this problem. Thus, if you are a permanent resident, before seeking a name change in a New York court, you should check with your country's consulate or embassy to determine if your country's consulate or embassy would recognize a New York name change order.  You need to do this to determine if you can also change your name on your passport.  If you can not change the name on your passport after obtaining a New York name change order, you may have problems traveling to and from the United States because you will have conflicting identification. Thus, before hiring a New York name change lawyer to petition for a name change, make sure that you can also later change the name on your foreign passport. 
         Permanent Residents will also need to contact the U.S. Citizenship and Immigration Services (UCIS) after obtaining a name change so that the agency knows that you have changed your name as you process toward U.S. Citizenship.  A failure to do so can create processing problems and can endanger your Permanent Resident status. Since the government would not be properly advised of your current identity, a failure to notify USCIS can lead to filing and registration confusion and mishaps which can be difficult to correct in subsequent years following the name change order issuance. 

Christopher Tompkins is an Attorney that has been handling Legal Name Change Matters for 20 years in New York City frequently practicing in Brooklyn ( Kings County) and Queens.  Contact him at 212 962-5363. Email:  NameChangeLawyer@gmail.com.   Visit his website at 
http://www.ny-legal-name-change-lawyer.com/