View Full Version : Quick question about legal matters
samantha rogers
05-23-2014, 11:48 AM
A friend of mine from another board is looking to switch to 24/7 soon and although she is already on HRT is needing advice about legal name change and other matters like that. I expect many of you have been through this, and I told her I would ask. Any help is appreciated. PMs are ok. FWIW, she is in a small town in Alabama with very few resources locally, but is planning to relocate to Arizona for school around the same time she makes the change. Thanks in advance for any assistance.
Hugs
AllieSF
05-23-2014, 02:01 PM
There a many Internet sites that spell out what are some of the steps in the transitioning process. Google them and you will not have enough time to read all the different sources of information. Also, do a search here. I remember some very good recommendations, some with links, including to the Transition Road Map or something like that. All very good. She should also try to contact any LGBT support groups and public services in some of the bigger cities and universities in Alabama. There is a lot of information out there specific to her needs. She just needs to put some extra effort into finding it all. Send her out best wishes for a good and speedy transition.
PretzelGirl
05-23-2014, 09:40 PM
Here is what Allie is referring to on the TS Roadmap. http://www.tsroadmap.com/reality/name-change.html
One thing that would help would be to get in touch with a local that has done it recently. Having the steps in this link is one thing, but the reality shifts all the time on how long things take, what the different offices are currently demanding, etc. Even though the major steps don't change, the details do.
Nicole Erin
05-23-2014, 11:01 PM
First she has to pick a name she can live with. This is a personal process.
So anyways here in Indiana - Between initial filing and judge signing off in court, it was three months.
The process is not too difficult. What I remember is filing, having to give copies of a bunch of crap, waiting a few months, going to court, sitting there waiting for other cases to be heard, judge calling me, reciting some legal BS, signing off on the papers, I got the notorized in the next room, and it was legal.
Two things - I had $130 court costs, $130 to run a notice in some B.S. newspaper (once a week for three weeks, must be done close to court date), and $40 for other misc costs including a new D.L.
She will have to check the exact process for the state she is in.
EDIT - You said something about her moving? I think she will have to be a legal resident of that state before filing or something. I think to become a "legal" resident of a particular state for legal purposes, you have to be there so many months so she will need to find out how that will play into it if she moves before getting name changed.
The pain in the ass part though - the petitioner has to inform the SS office, DMV, employer, etc of the new name, it doesn't "just happen". Any professional licenses, bank accounts, creditors, etc - petitioner is responsible for informing.
You do not need a therapists letter, no need to prove you are becoming a woman etc. You want a new name, you got it. However, certain felonies may prevent it from being approved. I forget what those are though.
Angela Campbell
05-24-2014, 06:55 AM
You may want to check on the process to Change your gender marker on the drivers license. You wouldn't want a female name with a big M on the gender line. Here it requires a doctor's letter
BOBBI G.
05-24-2014, 07:59 AM
Angela,
concerning your comment about a doctor's letter. Do you mean a medical doctor confirming the surgical processes, and is a letter from a psychiatrist acceptable. At 71, I am comfortable knowing who I am, and plan on staying non-op, but my shrink and I are sure I am female. I and almost certain my endo would write something, or should I have them all. Hopefully, I'll be starting the legals for name and gender markers changes, and would like to have all the eggs in one basket, if possible.
Oh yes, I'm from South East Florida, so whatever was required from you will more than likely be required from me.
Thanks,
Bobbi
Angela Campbell
05-24-2014, 08:21 AM
You will need a letter confirming you are at least on hormones. It must state you are getting treatment which changes your gender, and include the doctors dea number. Yes it comes from a medical Dr. I had one confirming surgery. (Face) and the legal documents from court. (For name change) You have to go to SS the day before you go to the dmv and have name and gender changed there first, in FL.
samantha rogers
05-24-2014, 11:00 AM
Thanks, girls! This is all really helpful and I will convey the info to my friend. Yes, I actually did try the search function first but I got a million threads about changing names on the forum. So, sorry to be a bother, but your quick and kind answers saved a lot of time. Thanks:battingeyelashes:
Hugs
Sammie
BOBBI G.
05-25-2014, 05:32 AM
Angela,
Thanks so much for the info. My endo should be able to handle that. I don't see my primary doctor for quite a while.
Bobbi
Angela Campbell
05-25-2014, 05:48 AM
It would need to be the one who prescribed the hormones to write the letter.
Leah Lynn
05-25-2014, 09:38 PM
In the sticky above, Steph1964 added the website for Social Security's needs...
Leah
Cheryl123
05-26-2014, 12:05 AM
Hi Samantha, I formerly worked at the DMV here in Hawaii and we dealt a lot with name and gender change procedures -- not just here but in other states.
The government of the state in which you reside is the one that can change your name -- either through the courts or an executive agency specified by state law. Once a name is changed in any state, it will be binding in all other states and will be recognized by the Federal Gov. Name change is generally easier than gender marker change, and even if you want to do them at the same time, you should study the procedures separately.
Name change involves filling out documents. Some states want you to reveal any previous criminal convictions, others don't care. Some require notification of your spouse, others don't care. Most will require you to state you are not changing your name for any illegal purposes. Some states require you to make a legal notice (the form should be provided) in a newspaper one or several times. You then pay the money and you get a name change certification.
Take the certification to the dmv and get your name changed on the license. You need to contact the state in which you were born to get your name changed on your birth cert. and you may even have to go there. As far as know, all states will accept the name change certification. (When your name is changed make sure you request at least 5 originals -- maybe more depending on the number of agencies you need to contact.) All commercial matters -- credit cards, etc will accept the driver's license as proof of new name. House deeds might require an original doc.
Rather than chasing internet links -- much of that information is of dubious quality and the transsexual roadmap is 10 years out of date-- first decided on the state in which you are going to change your name and contact those governments for name change information and forms. In your case, your friend might want to do this for Alabama and Arizona .. then you can decided which is easier.While you are at it, check with the Birth Cert people in her home state to see about changing her name on the birth cert.
The rules of gender change have changed greatly in the past few years. Most of the information you find on the internet is out of date. Some states no longer require you to have surgery to change the gender marker on your driver’s license, and this also applies to birth cert. You can be in a situation where your state of residence will change your driver’s license without surgery, but your state of birth will not change your birth cert. The federal government (and please re-confirm this) will accept gender marker change on your driver’s license to change your social security, passport, etc name. There are a few states which will not change your gender marker under any circumstances.
Sorry for writing a book, and I hope this clarifies things rather than making them more confusing. I wish your friend well. Tell her that patience is required when working with governments (because they think they own your name and not you).
BOBBI G.
05-26-2014, 04:51 AM
Thanks again, Angela. My endo is the one prescribing my hormones and blockers. I'm in your debt. Thanks again
Bobbi
samantha rogers
05-26-2014, 08:05 AM
Thanks, Cheryl! This is very helpful advice. I think I will just paste your"book" into an email to her. Lol
Thanks for taking the time to write out such a detailed accounting!
I just love the warmth and generous support offered so readily on this board. Sometimes it makes me cry...then again that could be the hormones I guess. Lol
Anyway, thanks!
Hugs
Sammie
Cheryl123
05-26-2014, 11:06 PM
You're welcome Samantha, and yes it is the hormones (lol)
Procedures vary from jurisdiction to jurisdiction. For example, in some places all you need is a letter stating that you are receiving appropriate treatment, not one referring to any specific treatment.
What works in one state may not be sufficient in another and might be overkill in a third. The best bet is to check locally.
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