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West Virginia court form packet
Download the West Virginia petition for change of name of minor packet for your child. This state-specific self-help form package is ready for instant secure access and includes the packet documents listed below.
A practical minor name change packet built around the court filing documents used to request an official name change order.
Prepared for West Virginia minor name change filings, with petition and order materials reflected in the downloadable packet.
Download the files, complete them on your own device, then file with the appropriate court. Your personal details are not entered into an online form builder.
A short PublicLegal filing guide covers this state's age split, publication and service sequence, and after-order updates — ending in a printable checklist to carry to the clerk.
This state packet includes 2 documents in editable Word and print-ready PDF formats. Use the Word version for editing and the PDF for print-ready reference.
Researched filing overview
Who files: a parent (18 or older) files a verified petition — signed before a notary — with the circuit clerk of the county where the child has lived for at least one year; Legal Aid of West Virginia also recognizes the county where the child was born as a local-practice alternative. The filing fee is $200 (§ 59-1-11); the clerk’s fee-waiver form can waive it. West Virginia publishes no statewide official minor form — this packet’s instruments are PublicLegal-authored to the statute; free fill-in petitions and a guided tool are also published by Legal Aid of West Virginia. A name change inside an adoption follows the adoption statutes instead.
The other parent: both parents generally must know about the petition. The easy path is the other parent’s notarized signature on the included Consent / Acceptance of Service instrument (two separate signature blocks — a parent may accept service without consenting). Otherwise serve notice by the sheriff (a fee of about $20–25 paid to the circuit clerk), a private process server 18 or older who is not a party, or certified mail through the clerk. Only if the other parent’s address is unknown — or the parent is out of state and will not sign — is service by publication allowed: file the included Affidavit of Unknown Residency and the circuit clerk issues an order of publication (Rule 4(e), a Class II advertisement running two successive weeks). That parent-service publication is separate from the § 48-25-101(b) Class I hearing notice every case publishes — in a missing-parent case, both happen. If the other parent is deceased, notice goes to that parent’s parents.
Publication and the hearing: every case publishes the included Class I Legal Notice once in a county newspaper at least 10 days before the hearing, and the newspaper’s proof of publication is filed with the court. If the petition pleads personal-safety identity protection, the court can excuse the child’s new name from the notice and close the hearing — the court controls that path; Legal Aid advises speaking with an attorney or domestic-violence program first. At the hearing the judge decides on the child’s best interests.
After the order — the step that completes it: file a certified copy of the signed order with the clerk of the county commission (the county clerk’s deed office) — only then is the child’s new name in effect (§§ 48-25-104, 48-25-105). Then update the child’s Social Security record first (SSA form SS-5, free), then school, medical, and passport records; for a West Virginia-born child, Vital Registration amends the birth record on a certified copy.
See page 1 of the actual blank form and review a plain-language outline. The complete documents are delivered after checkout.
PETITION FOR CHANGE OF NAME OF A MINOR. The PublicLegal-authored petition a parent files for a child in the circuit court of the West Virginia county where the child has lived for at least one year, under W. Va. Code §§ 48-25-101 to 48-25-107. West Virginia publishes no statewide official minor form.
The other parent: a consenting parent signs the included notarized Consent / Acceptance of Service; otherwise the parent is served, and an unlocatable parent is served by publication only after the included Affidavit of Unknown Residency (Civ. P. Rule 4(e)).
Publication is required: every case publishes the included Class I Legal Notice once in a county newspaper at least 10 days before the hearing; the court can excuse the child’s new name and close the hearing for personal safety.
The full packet also includes the Motion to Excuse Publication of New Name, the proposed Order Changing Name of a Minor, the editable Word set, and the PublicLegal filing guide with printable checklist.
ILRG is committed to top quality legal forms that are valid in all states. If you are not 100 percent satisfied after purchase, contact us for a full refund.
Yes. This product is the West Virginia minor name change packet tied to this state-specific page and the packet documents shown above.
The included packet documents are listed on this page. Where the same document is provided in more than one format, it is grouped once with Word, PDF, or other format badges.
This packet currently includes editable Word and print-ready PDF formats. The document list above reflects the packet contents for this state without exposing internal fulfillment filenames.
Complete the petition and related court documents, then file them with the appropriate court. Court filing fees and local procedures vary by county.
These forms are designed for self-help use, but ILRG does not provide legal advice. Consult a licensed attorney if your situation involves unusual facts, contested issues, or questions about local procedure.
Timing depends on the court, local scheduling, notice requirements, and whether anyone objects. Many name change matters take several weeks, but local timing can vary.
A parent or guardian can usually file a minor name change petition, but notice to or consent from the other parent may be required. Requirements vary by state and county.
No. ILRG provides self-help legal forms and information, not legal advice. You are responsible for reviewing local court requirements before filing.
Both parents generally must know about the petition. A consenting parent signs the notarized Consent; a parent who does not consent must be served (sheriff, private server, or certified mail) and may object at the hearing. Only a parent who cannot be located — or is out of state and will not sign — is served by publication after an Affidavit of Unknown Residency.
No. West Virginia publishes no statewide official minor name-change form, so this packet’s instruments are PublicLegal-authored to the statute. Free fill-in petitions are also published by Legal Aid of West Virginia; if the circuit clerk hands you a local form, the clerk’s form controls.
Yes — every case publishes a Class I legal notice once, at least 10 days before the hearing (§ 48-25-101(b)). A missing parent is served by a separate Class II order of publication issued by the clerk. The court can excuse the new name from the notice and close the hearing when the petition pleads personal safety.
West Virginia sets no fixed age for a child’s written consent. The judge decides on the child’s best interests and may consider an older child’s wishes at the hearing.