Name Change Instructions and Forms Package for a Family
The information below relates to the change of a persons name.
The forms you have selectedare for a judicial change of name and are prepared based upon the
judicial name change rules.
Rule 15-901. Action for change of name.
(a) Applicability.- This Rule applies to actions for change
of name other than in connection with an adoption or divorce.
(b) Venue.- An action for change of name shall be brought
in the county where the person whose name is sought to be changed resides.
(c) Petition.- (1) Contents.- The action for change
of name shall be commenced by filing a petition captioned "In the
Matter of . . ." [stating the name of the person whose name is sought to
be changed] "for change of name to . . ." [stating the change of name desired].
The petition shall be under oath and shall contain at least the following
information; (A) the name, address, and date and place of birth of the
person whose name is sought to be; (B) whether the person whose name is
sought to be changed has ever been known by any other name and, if so,
the name or names and the circumstances under which they were used; (C)
the change of name desired; (D) all reasons for the requested change; (E)
a certification that the petitioner is not requesting the name change for
any illegal or fraudulent purpose; and (F) if the person whose name
is sought to be changed is a minor, the names and addresses of that person's
parents and any guardian or custodian. (2) Documents to be attached
to petition.- The petitioner shall attach to the petition a copy of a birth
certificate or other documentary evidence from which the court can find
that the current name of the person whose name is sought to be changed
is as alleged.
(d) Service of petition - When required.- If the person whose
name is sought to be changed is a minor, a copy of the petition, any attachments,
and the notice issued pursuant to section (e) of this Rule shall be served
upon that person's parents and any guardian or custodian in the manner
provided by Rule 2-121. When proof is made by affidavit that good faith
efforts to serve a parent, guardian, or custodian pursuant to Rule 2-121
(a) have not succeeded and that Rule 2-121 (b) is inapplicable or that
service pursuant to that Rule is impracticable, the court may order that
service may be made by (1) the publication required by subsection (e)(2)
of this Rule and (2) mailing a copy of the petition, any attachments, and
notice by first class mail to the last known address of the parent, guardian,
or custodian to be served.
(e) Notice.- (1) Issued by clerk.- Upon the filing of the
petition, the clerk shall sign and issue a notice that (A) includes the
caption of the action, (B) describes the substance of the petition and
the relief sought, and (C) states the latest date by which an objection
to the petition may be filed. (2) Publication.- Unless the court
on motion of the petitioner orders otherwise, the notice shall be published
one time in a newspaper of general circulation in the county at least fifteen
days before the date specified in the notice for filing an objection to
the petition. The petitioner shall thereafter file a certificate of publication.
(f) Objection to petition.- Any person may file an objection
to the petition. The objection shall be filed within the time specified
in the notice and shall be supported by an affidavit which sets forth the
reasons for the objection. The affidavit shall be made on personal knowledge,
shall set forth facts that would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the matters stated
in the affidavit. The objection and affidavit shall be served upon the
petitioner in accordance with Rule 1-321. The petitioner may file a response
within 15 days after being served with the objection and affidavit. A person
desiring a hearing shall so request in the objection or response under
the heading "Request for Hearing."
(g) Action by court.- After the time for filing objections
and responses has expired, the court may hold a hearing or may rule on
the petition without a hearing and shall enter an appropriate order, except
that the court shall not deny the petition without a hearing if one was
requested by the petitioner.
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