What is the Proper Court to File a Name Change Petition in?
Full Question:
Answer:
A person may file a name change petition in the probate court located in the county where the person resides. A person may have more than one residence. We suggest calling the clerk of courts at the relevant courts to inquire about the time period for the name change process, as dockets vary by court. This may be a determining factor, based on your expected residence at the time the process is complete and a name change order is issued. A court order for name change from a name petition filed in court will be required to change your name with Social Security.
You will also be required to file a birth certificate with the court before a name change order may be entered. The court will grant a name change unless it finds it not to be in the public interest or someone who raises an objection can show good cause why it shouldn't be granted.
Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. The court will ask you to explain your reasons for wanting a name change. Seeking to avoid stigma associated with a name is a valid reason for a name change. However, seeking to represent yourself as unmarried, defraud creditors or escape obligations such as child support would not be in the public interest and would cause the request to be denied. A court is less likely to permit the choice of a name that is bizarre, unduly lengthy, ridiculous, or offensive to common decency and good taste.
The following is a Massachusetts statute:
G.L.c. 210, § 13. Notice and certificate; decree; entry; conditions precedent.
Section 13. The court shall, before decreeing a change of name, request a report from the commissioner of probation on the person filing the petition and, except for good cause shown, require public notice of the petition to be given and any person may be heard thereon, and, upon entry of a decree, the name as established thereby shall be the legal name of the petitioner, and the register may issue a certificate, under the seal of the court, of the name as so established.
No decree shall be entered, however, until there has been filed in the court a copy of the birth record of the person whose name is sought to be changed and, in case such person's name has previously been changed by decree of court or at marriage pursuant to section one D of chapter forty-six, either a copy of the record of his birth amended to conform to the previous decree changing his name, a copy of such decree, or a copy of the record of marriage; provided, that the filing of any such copy may be dispensed with if the judge is satisfied that it cannot be obtained.
The following are IN statutes:
IC 34-28-2-2:
(a) The petition described in section (1) of this chapter may be filed with the circuit court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent’s consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.
(c) Before a minor child’s name may be changed, the parents or guardian of the child must be served with a copy of the petition as required by the Indiana trial rules. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.2.
IC 34-28-2-3:
(a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows:
(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.
(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard asindicated in the notice.
(b) In the case of a petition described in section 2(b) of this chapter, the petitioner must publish the first notice of the petition not more than seven (7) days after the date the petition is filed.
(c) In the case of a petition described in section 2(b) of this chapter, the notice required by this section must include the following:
(1) The name of the petitioner.
(2) The name of the minor child whose name is to be changed.
(3) The new name desired.
(4) The name of the court in which the action is pending.
(5) The date on which the petition was filed.
(6) A statement that any person has the right to appear at the hearing and to file objections.
(d) Except as provided in section 1.5 of this chapter, in the case of a person who has had a felony conviction within ten (10)years before filing a petition for a change of name, at least thirty (30) days before the hearing the petitioner must give notice of the filing of the petition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner resides; and
(3) the Indiana central repository for criminal history information.
(e) The notice given to the Indiana central repository for criminal history information under subsection (d) must include the petitioner’s full current name, requested name change, date of birth, address, physical description, and a full set of classifiable fingerprints.
(f) The Indiana central repository for criminal history information shall forward a copy of any criminal records of the petitioner to the court for the court’s information.
(g) A copy of the court decree granting or denying such a petition shall be sent to the Indiana state police.
(h) A person who violates subsection (d) commits a Class A misdemeanor. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.3.
IC 34-28-2-4:
(a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c), and (d), proceed to hear the petition and make an order and decree the court determines is just and reasonable.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.
(c) In the case of a petition described in section 2(b) of this chapter, the court shall set a date for a hearing on the petition if:
(1) written objections have been filed; or
(2) either parent or the guardian of the minor child has refused or failed to give written consent as described in section 2(b) of this chapter. The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed written objections.
(d) In deciding on a petition to change the name of a minor child, the court shall be guided by the best interest of the child rule under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who:
(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 17 (or IC 31-1-11.5 before its repeal); and
(2) objects to the proposed name change of the child.
(e) In the case of a person required to give notice under section 3(d) of this chapter, the petitioner must certify to the court that the petitioner has complied with the notice requirements of that subsection. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.4.
IC 34-28-2-5:
(a) A copy of the decree of the court changing the name of any natural person, certified under the seal of the court by the clerk of the court, is sufficient evidence of the name of the person, and of a change having been made, in any court of Indiana.
(b) In the case of a petition described in section 2(b) of this chapter, the court shall send a copy of the final decree to the state department of health and to the local health department of the county.
(c) In the case of a petition filed by a person at least seventeen (17) years of age, the court shall send a copy of the final decree to the clerk of the circuit court or board of registration of the county where the person resides. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.5.
