South Dakota Codified Laws 21-37-5.1. Exception to notice and open court hearing requirements for name change of minor
The court may grant an order changing the name of a minor child without publication of notice or a hearing in open court if all of the following conditions are met:
(1) It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months;
Terms Used In South Dakota Codified Laws 21-37-5.1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The minor child’s parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change;
(3) The minor child, if twelve years of age or older, gives written consent to the name change; and
(4) It appears to the court that the name change is in the minor child’s best interests.
Source: SL 2016, ch 119, § 1.