Alabama name change law section 26-11-3

said father can file petition to change his child’s name. My wife and I decided to change my kid’s name because kid’s classmate and teacher always mispronounce his name. The probate judge in our county set up a rule that we must hire a lawyer to file petition. I can handle the filing why should I hire a lawyer? I challenged the judge that state law did not require legal parents to hire a lawyer.

The judge replied me : “I do not want to argue with you and this is my rule. I am done with you.” What should I do and what is my option? I think the judge violated my rights and contracted with state law, did he?
The probate judge set up his rule: For minor name change, the parents must file petition through an attorney. and his clerk told me that is the law. I asked them to show me the book and what I find through online search is Alabama state law does not said that.

http://www.namechangelaw.com/states/AL/alabama.htm

Things to us is even much simpler. Both my wife and I want to change the name and both of us are the biological and legal parents of the kid.

Wow. That’s crazy. An uncontested name change should cost a filing fee and take a couple of hours.

A judge can’t ever force you to hire an attorney. Even if you were facing the death penalty, the most they can do is appoint a public defender to be your co-counsel.

If I were you, I’d report it to the Judicial Inquiry Commission:

http://www.alalinc.net/jic/

Contact the Bar Association in your county, and/or any local civil rights organizations (the ACLU or any minority rights group any of you happen to fall into the category of), and ask for legal help getting your petition through in the meantime.

Good luck.

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