JDF 433 Petition for Change of Name (Adult) · u Form JDF 433 – petition for name change. u Form JDF 426 – order for the publication of a name change. u Form JDF 427 – public

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JDF 433 Petition for Change of Name (Adult)


uThis presentation and the information contained herein is intended for informational purposes only and should not be construed as legal advice.

uFor answers to more specific questions, please seek counsel from a private attorney.

uThis is for educational purposes only.

www.DenverFingerPrinting.comwww.DenverFingerPrinting.com

Fingerprint Based

Background Checks

Complete the Required Forms File Your Petition

Court HearingPublish

Proposed Name Change

Signed Copy of the Decree for Name Change

Update Your Identity documents, listings and/or gender marker

change

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u County Resident – The name change petition must be filed in the county court where you reside.

u Age – This presentation is referring to adults 18 years and older. Minors require a parent/petitioner who is 18 years or older. Please note, background checks are not required for individuals under 14 years of age. The process for minors can be found at https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=26.

u Felony Conviction – Felony conviction(s) in any state can complicate the name change process, you can still file your petition for name change but there is a separate process which can be found at https://www.courts.state.co.us/Forms/PDF/JDF 385 Instructions for Name Change - Felons R8-20161.pdf.

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=26

https://www.courts.state.co.us/Forms/PDF/JDF%20385%20Instructions%20for%20Name%20Change%20-%20Felons%20R8-20161.pdf


u Colorado Drivers License/ID – Individuals requesting a name change in Colorado must have a Colorado ID/Drivers License. If an individual moved from another state they must first obtain a Colorado ID/Drivers License before they can petition the court to change their name.

u Non-Felony (Misdemeanor) Convictions – Misdemeanor criminal history including misdemeanor sex offender offenses will be reviewed by the judge or magistrate handling your petition. All decisions are made on a case by case basis.

u Background Check Time Limit – Both an Federal Bureau of Investigation (FBI) and Colorado Bureau of Investigation (CBI) results must be completed within 90 days or the court will not consider a petition for a name change. Timing is important depending on how you obtain your background check results from the FBI.


There are two ways to request your FBI fingerprint based background check.u Mail In – You can have your fingerprints taken on cards (by law

enforcement) and mail your fingerprints to the FBI for processing. Results are returned within 12-14 weeks or longer with this option so timing is important if you use this option. Fees: Fingerprints on cards ($10-$20), FBI ($18), trackable mailing service ($5-$15). Instructions for mailing requests to the FBI can be found at https://www.fbi.gov/services/cjis/identity-history-summary-checks.

u Expedited – Visit www.denverfingerprinting.com (110 16th St 8th Floor Denver CO 80202) to have your fingerprints electronically captured and processed with the FBI. Results are returned electronically within 24-48 hours and tamper proof mailed results have an average delivery time of 5-7 business days. Fee: $80 there are no additional fees (includes FBI fee, fingerprinting fee, FBI channeling fee) and there is nothing you need to mail.

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https://www.fbi.gov/services/cjis/identity-history-summary-checks


CBI background checks require:1. Fingerprints – You can have your fingerprints taken by law

enforcement or you can visit www.denverfingerprinting.com110 16th St 8th Floor Denver, CO 80202. Fees: Denver Fingerprinting ($5 with an FBI background check or $15 without an FBI background check, law enforcement ($10-$20).

2. Completed Fingerprint Card – Denver Fingerprinting completes most fields (name, DOB, height, weight, etc.) on the fingerprint card. If you went to law enforcement make sure all these fields are completed on the card. Additionally you need to write your home address (CBI mails results to this address), reason fingerprinted “Legal Name Change CRS 13-15-101” and OCA “CONCJ3975”.

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3. Payment – You can pay with money order, bank check, credit card or cash if hand deliver to the CBI. Credit card payment form can be found at https://www.colorado.gov/pacific/sites/default/files/Credit Card Form.pdf. Fee: $16.50.

4. Mail or Deliver to CBI – Mail or deliver (7:30am-5pm) the above items to CBI at:

CBI690 Kipling Street Suite 315Lakewood, CO 80215

Important if you did not expedite your FBI background check wait until you have the FBI background check results before submitting the request to the CBI. The criminal history results must be conducted within 90 days prior to filing the name change petition.

5. Results – The CBI mails your results by first class mail to the address provided on your fingerprint card. Average processing and delivery time is 5-7 business days.

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https://www.colorado.gov/pacific/sites/default/files/Credit%20Card%20Form.pdf


Before filing your petition for name change there are several forms that must be completed. u Form JDF 433 – petition for name change.u Form JDF 426 – order for the publication of a name change.u Form JDF 427 – public notice.u Form JDF 448 – final decree for change of name.Forms are available in .pdf or word formats and you can complete the forms on your computer and print them out or legibly hand write the information on paper forms. The documents must be signed in front of the court clerk or notary public so please do not sign the forms yet.The forms can be found at https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=25 and the details on the forms follow.

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JDF 433 R8-16 PETITION FOR CHANGE OF NAME (ADULT) © 2016 Colorado Judicial Department for use in the Courts of Colorado

County Court District Court___________________ County, Colorado Court Address:

In the Matter of the Petition of:

For a Change of Name to: COURT USE ONLY Attorney or Party Without Attorney (Name and Address):

Phone Number: E-mail: FAX Number: Atty. Reg. #:

Case Number:

Division Courtroom PETITION FOR CHANGE OF NAME (ADULT)

1. My current full name is ______________ ___________________ __________________________ First Name Middle Name Last Name

2. I wish to change my name to ________________________ ______________ ________________________ First Name Middle Name Last Name

3. My date of birth is ________________________________________________

4. I am 18 years of age or older.

5. I am a resident of ________________________________________County.

6. I have not been convicted of a felony or adjudicated a juvenile delinquent for an offense that would constitutea felony if committed by an adult in this state or any other state or under federal law. My certified, fingerprint-based criminal history record check from the FBI is attached as Exhibit A and my certified, fingerprint-basedcriminal history record check from the CBI is attached as Exhibit B. Both are dated within 90 days of the filingof this Petition pursuant to §13-15-101(b), C.R.S.

7. I am requesting a name change for the following reason(s): _______________________________________

_______________________________________________________________________________________

8. The proposed change of name would be proper and not detrimental to the interest of any other person.

9. I ask the Court to order publication of my name change request as required by § 13-15-102, C.R.S. Or

Publication of my name change request is not required for the following reason(s):_________________________________________________________________________________________

I ask the court to order the name change. I _______________________________, swear/affirm under oath that I have read the foregoing Petition and that the statements contained in this Petition are true to the best of my knowledge.

Date: ___________________ __________________________________________________ Signature of Petitioner _________________________________________________ Address __________________________________________________ City, State, Zip Code __________________________________________________ Telephone #: (home) (work) (cell)

Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______. My Commission Expires: __________________ _____________________________________________

Deputy Clerk/Notary Public


u Complete all sections of the form.u Be honest with your reason for name change, if transgender

identify “I am transgender and I am transitioning gender from male to female or female to male”.

u Attach the FBI and CBI results to the petition as Exhibit A. Attach any other criminal disposition documentation and identify as Exhibit B.

u Remember: DO NOT sign this form yet, it must be signed in the presence of the court clerk or notary public.

u Adult name change forms and instructions can be found at https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=25.

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JDF 426 R8/2016 ORDER FOR PUBLICATION FOR CHANGE OF NAME

© 2016 Colorado Judicial Department for use in the Courts of Colorado

�County Court �District Court �Denver Juvenile Court

________________________________ County, Colorado

Court Address:

In the Matter of the Petition of: �Adult:

or

�Parent/Petitioner:

for Minor Child:

For a Change of Name to:

COURT USE ONLY

Case Number:

Division Courtroom

ORDER FOR PUBLICATION FOR CHANGE OF NAME

The Court having read and considered the Petition for Change of Name of �Minor Child or �Adult finds:

�That the statements made in the Petition satisfy the statutory requirements.

�That the desired change of name is proper and not detrimental to the interests of any other person.

�That the Petitioner has submitted the documentation required in §13-15-101(1)(b), C.R.S. from the fingerprint-

based criminal history record check or has provided appropriate certified copies of any dispositions that would

constitute a felony conviction in this state or any other state or under federal law.

�That the change of name is in the best interest of the minor child.

�Individuals over the age of fourteen (14) , have submitted the documentation required in §13-15-101(1)(b),

C.R.S. from the fingerprint-based criminal history record check or has provided appropriate certified copies of any

dispositions that would constitute a felony if committed by an adult in this state or any other state or under federal

law.

The Court orders the following publication for a change of name:

1. Name of __________________________ ______________________ ____________________________ First Name Middle Name Last Name

is requested to be changed to ____________________ _______________ __________________________

First Name Middle Name Last Name .

2. Pursuant to statute, public notice of this change of name shall be published three times in a legal newspaper

published in this county. This publication is to be made within 21 days of the date of this Order.

3. Proper proof of publication shall be filed with the Court upon final publication to receive a Final Decree for a

Change of Name.

Date: ___________________________ _____________________________________

�Judge �Magistrate


u Complete all sections of the form.

u The judge or magistrate will sign the Order of Publication, if/when your petition for name change is approved.


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u This motion is optional; however it has worked in the past. It is ultimately up to the judge’s discretion to grant or deny this motion. If you need assistance with this motion, please contact a licensed attorney.

u By filing this motion, you have the potential of the judge waiving the requirement to publish your name change details in the newspaper. Not only will this increase your privacy but it will reduce the cost of changing your name by eliminating the publication fee.

u Please visit http://www.namechangeproject.org/ for a sample of the Motion for Exemption of Publication for Name Change.

u If you choose not to file this motion, you must include the aforementioned form JDF426 – Order for Publication for Change of Name and the following JDF427 – Public Notice.

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http://www.namechangeproject.org/



JDF 427 R7/11 PUBLIC NOTICE OF PETITION FOR CHANGE OF NAME

�County Court �District Court �Denver Juvenile Court __________________________________ County, Colorado Court Address: In the Matter of the Petition of: �Adult:

or


for Minor Child: For a Change of Name to:

COURT USE ONLY Case Number: Division Courtroom

PUBLIC NOTICE OF PETITION FOR CHANGE OF NAME

Public Notice is given on (date) that a Petition for a Change of Name of a

�Minor Child or �Adult has been filed with the Court.

The Petition requests that the name of

_________________________ ___________________________ ____________________________ First Name Middle Name Last Name

be changed to

_________________________ ___________________________ ____________________________. First Name Middle Name Last Name

___________________________________________ Clerk of Court By ________________________________________ Deputy Clerk NEWSPAPER: PLEASE PUBLISH THIS NOTICE THREE TIMES WITHIN TWENTY-ONE DAYS OF THE DATE OF THE ORDER.


u Complete all sections of the form.

u You will use this form to submit to a local newspaper to publish the notice of the requested name change.

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JDF 448 R7-11 FINAL DECREE FOR CHANGE OF NAME

�County Court �District Court �Denver Juvenile Court ________________________________ County, Colorado Court Address: In the Matter of the Petition of: �Adult:

or


for Minor Child: For a Change of Name to:

COURT USE ONLY

Case Number: Division Courtroom

FINAL DECREE FOR CHANGE OF NAME The Court having read and considered the Petition for Change of Name finds: �That the statutory requirements for a change of name under §13-15-101, C.R.S. have been met;

�That the desired change of name is proper and not detrimental to the interests of any other person;

�That the change of name is in the best interest of the minor child; and

�That the Petitioner, being an adult or child 14 years of age or older, has not been convicted of a felony or adjudicated a juvenile delinquent for an offense that would constitute a felony if committed by an adult in this state or any other state or under federal law.

The Court further finds that: �Publication is not required, as the Petitioner has shown good cause why publication pursuant to §13-15-102, C.R.S. should not apply.

The Court Orders the following change of name: The name of ________________________________________________ First Name Middle Name Last Name born on (date of birth) is changed to

______________________ ____________________________ First Name Middle Name Last Name

Date: ___________________________ _____________________________________ �Judge �Magistrate I certify that the Petitioner provided proper proof of publication. On (date), the Final Decree for Change of Name is issued. Date: ___________________________ _____________________________________ Clerk


u Complete the top section/caption only.u The judge or magistrate will sign the Final Decree. u Upon proof of publication this form will be returned to

you.u It is recommended that you get at least 4 official

copies of the Final Decree which is used for changing other identity documents.


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u Court Days and Hours – Contact the county court where you reside for specific days and times for name change hearings. Please note make sure to file at the county court – not the district court. District courts charge a higher filing fee.

u Forms and Documents – Provide the court with all of the completed forms described in the previous steps.

u Fee – Pay the $100 filing fee. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the court. Once submitted the court will decide whether you need to pay the filing fee.

u Sign the Petition – Sign the Petition before the Court Clerk at this time.

u Self-Addressed Stamped Envelope – The court may require a self-addressed stamped envelope.

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u Be prepared for your hearing, if a hearing is required by the court.

u Your hearing may be on the same day that you file for a name change or a future hearing date will be set.

u You may be asked questions about your request for a name change.

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u After the Order for Publication is entered, use Public Notice (JDF 427) to publish the change of name, which must be published at least three times within 21 days from the date of the publication ordering in a newspaper.

u Your local court typically has recommendations of publishers, just ask the court clerk.

u Publication Fees – Varies (May be payable to the Court or to the newspaper)

u Prior to the name change being officially granted, proof of publication must be completed and submitted to the court.

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u Documentation will include copies of your newspaper notice.

u Publication is waived if you filed a Motion for Exemption of Publication for Name Change (mentioned in previous slide)

u Or publication is waived if pursuant to &13-15-102 C.R.S. you have been:§The victim of a crime, the underlying factual basis of which has been found by the court to include an act of domestic violence as defined in &18-6-800.3(1) C.R.S. or§The victim of child abuse as defined in &18-6-401 C.R.S. or §The victim of domestic abuse as defined in &13-14-101(2) C.R.S.

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u To receive the signed copies of the decree for name change from the court you must submit proof of publication to the court which can include copies of the newspaper notice.

u Pursuant to &13-15-102 C.R.S. if publication is not required you will received your Decree once ordered by the court.

u It is recommended to receive at least 4 signed copies of the Decree for Name change. Copy fees: Documents on file $.75 per page or $1.50 if double sided. Documents not on file $.25 per page or $.50 if double sided.

u If certified copies are needed please provide the appropriate fees ($20 per certification)

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Update your information, it is recommended to start with your identity documents in the order listed. Organizations with an asterisk need you to submit a copy of the name change order. u Identity Documents: Social Security Card*, Driver’s License*, Passport*,

Workplace* (payroll, email, internal directories, name tags, uniforms, business cards, etc.), Voter Registration*, School ID, Library Card, Military ID.

u Financial Information: Personal Banking Information, Credit Card Information, Employer/Payroll Department, 401K Account, Mortgage/Lease, IRS, Beneficiary Information, County Clerk (deeds, car title, car registration, tax records, etc.).

u Insurance and Memberships: Insurance Policies (Home, Auto, Life, etc.), Utilities (gas/electric, phone, cell, internet, cable, etc.), Licensing Agencies (Bar, Nursing, EMT, etc.) Memberships (Gym, Netflix, Magazines, etc.).

u Other Items: Notify Post Office, Schools and Alumni Associations, Email Address (if applicable), Social Media Profiles, and other account information.

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You can change the name on your Social Security Card and record by applying through the mail or in person at a local Social Security office. This can be done separately from, or together with, applying for a gender change.You will need to submit an application for a Social Security card, proof of your identity and citizenship or immigration status, as well as acceptable proof of the name change. In general, the SSA will accept any of the following as proof of a name change: u Name change court order (original or certified copy)u Marriage, civil union, or domestic partnership certificate (original or certified

copy)u Divorce decree (original or certified copy)u Certificate of citizenship or naturalization (original only)Official information is available from the Social Security Administration at www.ssa.gov. Additional helpful information is also available at www.ncte.org.


In general, the SSA will accept any of the following forms of evidence for a gender marker change:

u A U.S. passport showing the correct gender

u A birth certificate showing the correct gender

u A court order recognizing the correct genderr

u A signed letter from a *provider* confirming that you have the appropriate clinical treatment for gender transition

*The letter must come from a licensed physician with whom you have a patient relationship and who is familiar with your transition-related treatment. It can be a primary care physician or a specialist. All certifications must be on the physician’s letterhead and include all of the information seen in the sample letter on an upcoming slide. Your physician does not need to give additional personal health information that is not included in the sample letter.

Official information is available from the Social Security Administration at www.ssa.gov. Additional helpful information is available at www.ncte.org.


u SSA policy recognizes that people’s medical needs vary, and that treatment options must be decided by health care professionals on an individual basis.

u You are entitled to an updated gender marker if you have had the clinical treatment determined by your health care provider to be appropriate in your individual case to facilitate gender transition.

u No specific type of treatment is required, and details of your treatment should not be included in the letter from your physician to SSA.


OFFICE LETTERHEAD

I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).

(Name of patient) has the appropriate clinical treatment for gender transition to the new gender (specify male or female).

I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.

_______________________

Signature Date

Typed Name


u To change your name on a Colorado Driver’s License, bring your court ordered name change documentation to your local DMV office and they will change your name and retake your photo and a new license will be issued.

u To change your gender marker on a Colorado Driver’s License, go to the DMV website and print for DR 2083 titled “Medical Information Authorization (Change of Sex Identification)” It can be found at https://www.colorado.gov/pacific/sites/default/files/DR2083.pdf.

u This form needs to be completed by a medical doctor and presented to the DMV to change gender marker. The form will be assigned a control number in order to be usable.

u Note: there is no longer a requirement to have gender reassignment surgery to have a Colorado Driver’s License gender marker changed.

https://www.colorado.gov/pacific/sites/default/files/DR2083.pdf


u Colorado will change both the name and sex on a birth certificate. The state will also issue a new birth certificate rather than amend the old one.

u A certified copy of a legal name change order is required to change your name.

u A court order indicating that gender reassignment surgery has been completed is required to change your gender marker.

u Once surgery has been completed and you have the official court order, a certified copy of the court ordered gender change must be submitted to CPDHE Vital Statistics. More information is available at https://www.colorado.gov/pacific/cdphe/correct-or-change-birth-certificate.

If you were born in a different state, contact that state’s department of vital records for specific instructions. Additional information for other state’s procedures may be found at http://www.transequality.org/documents and at http://www.drbecky.com/birthcert.html.

https://www.colorado.gov/pacific/cdphe/correct-or-change-birth-certificate

http://www.transequality.org/documents

http://www.drbecky.com/birthcert.html


u Official name change information is available from the U.S. State Department at https://travel.state.gov/content/passports/en/passports/services/correction.html.

u Gender change information can be found at https://travel.state.gov/content/passports/en/passports/information/gender.html.

u The National Center for Transgender Equality has a great resource on the passport process located at http://www.transequality.org/know-your-rights/passports.

https://travel.state.gov/content/passports/en/passports/services/correction.html

https://travel.state.gov/content/passports/en/passports/information/gender.html

http://www.transequality.org/know-your-rights/passports


u This presentation and the information contained herein is intended for informational purposes only and should not be construed as legal advice.

u For additional information on the process and updating your information please visit www.namechangeproject.org.

u For answers to more specific questions, please seek counsel from a private attorney.

Additional Questions

Phone: 720-292-2722

Email: [email protected]

http://www.namechangeproject.org/