South Carolina Name Change Petition
In South Carolina an adult files a name change petition with a family court judge, after living in the state at least six months, and attaches SLED, child abuse registry, and sex offender registry screenings instead of publishing a notice. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally change their own name, and South Carolina is distinctive in replacing newspaper notice with three attached screenings: a SLED fingerprint and criminal background check, a Department of Social Services child-abuse registry check, and a sex offender registry check. In South Carolina you file this petition with a family court judge in the appropriate circuit, and you must have been a South Carolina resident for at least six months before you file (South Carolina Code Section 15-49-10). South Carolina does not make you publish notice in a newspaper. Instead, it requires three screening results to be attached to your petition: a fingerprint and criminal background check from the State Law Enforcement Division (SLED), a screening statement from the Department of Social Services showing whether you are listed on its Central Registry of Child Abuse and Neglect, and a screening statement from SLED showing whether you are listed on the sex offender registry (South Carolina Code Section 15-49-20). You also sign an affidavit stating whether you owe court-ordered child support or alimony, and an affidavit that you have never been convicted of a crime under another name. The family court may hold a hearing, then grants or refuses the change as the judge considers proper, with due regard to your true interest and the protection of the public. If your safety is at risk, the court may waive the six-month residency requirement and, on request, seal the file after granting the change. After the order is signed, you use certified copies to update Social Security, your South Carolina driver license, and other records. DocDraft builds your South Carolina name change petition from your facts, with attorney review available before you file.
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Key Things to Know
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A name change petition is the court document an adult files to legally change their own name; when the family court judge signs the order, that new name becomes your legal name.
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You file with a family court judge in the appropriate circuit, and you must have been a South Carolina resident for at least six months before filing (South Carolina Code Section 15-49-10 and Section 15-49-20).
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South Carolina does not require newspaper publication. Instead you attach three screening results to the petition: a SLED fingerprint and criminal background check, a Department of Social Services screening on the Central Registry of Child Abuse and Neglect, and a SLED sex offender registry screening (South Carolina Code Section 15-49-20).
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You also file an affidavit stating whether you are under a court order to pay child support or alimony, and an affidavit that you have never been convicted of a crime under a name other than the one you are filing under (South Carolina Code Section 15-49-20).
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The family court may hold a hearing and order you to attend, then grants or refuses the change as the judge considers proper, with due regard to your true interest and the protection of the public (South Carolina Code Section 15-49-20).
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If you are a victim of domestic violence, dating violence, stalking, harassment, a sexual offense, or trafficking and are in reasonable fear for your safety, the court may waive the six-month residency requirement and, on request, seal the file after granting the change (South Carolina Code Section 15-49-20).
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You bear all costs of the required screenings, and the filing fee is set by statute (South Carolina Code Section 15-49-30). After the order is signed, order certified copies to update Social Security, your South Carolina driver license or ID, your passport, and other records.
Key decisions before you file
Before you file a Name Change Petition in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.
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South Carolina Requirements for Name Change Petition
Family Court in the Appropriate Circuit
An adult name change in South Carolina is filed with a family court judge in the appropriate circuit. A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known (South Carolina Code Section 15-49-10).
Six-Month South Carolina Residency
You must have been a resident of South Carolina for at least six months, and you attach an affidavit with proof of residency acceptable to the South Carolina Department of Motor Vehicles for a driver license (South Carolina Code Section 15-49-10 and Section 15-49-20). The court may waive the six-month requirement if you are a victim of domestic violence, dating violence, stalking, harassment, a sexual offense, or trafficking and are in reasonable fear for your safety.
SLED Fingerprint and Criminal Background Check
South Carolina does not require newspaper publication. Instead, you must attach the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division (South Carolina Code Section 15-49-20). You also sign an affidavit that you have never been convicted of a crime under a name other than the one you are filing under.
Department of Social Services Child Abuse Registry Screening
You must attach a screening statement from the Department of Social Services indicating whether you are listed on the department's Central Registry of Child Abuse and Neglect. If you are listed and the court grants the change, the clerk of court notifies the department so the registry reflects the new name (South Carolina Code Section 15-49-20).
SLED Sex Offender Registry Screening
You must attach a screening statement from the State Law Enforcement Division indicating whether you are listed on the division's sex offender registry. If you are listed and the court grants the change, the clerk of court notifies the division so the registry reflects the new name (South Carolina Code Section 15-49-20).
Present Name, Proposed Name, and Reason
The petition must set forth the reason for the change, your age, your place of residence and birth, and the name by which you desire to be known (South Carolina Code Section 15-49-10). You also file an affidavit stating whether you are under a court order to pay child support or alimony (South Carolina Code Section 15-49-20).
Good Faith and Protection of the Public
State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. The judge grants or refuses the change as the judge considers proper, having due regard to your true interest and the protection of the public (South Carolina Code Section 15-49-20).
Hearing, Costs, Sealing, and After the Order
The family court may hold a hearing and order you to attend before ruling (South Carolina Code Section 15-49-20). You bear all costs of the required screenings, and the filing fee is set by statute (South Carolina Code Section 15-49-30). After the order is signed, order certified copies from the clerk to update Social Security, your driver license or ID, and other records; on request the court may seal the file if your safety warrants it.