Fill and Sign the Name Change Instructions 497310043 Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF MARYLAND NAME CHANGE MINOR PACKET Control Number – MD-00003 This packet contains the following: 1. Instructions ; 2. Forms List ; and 3. Access to Maryland Law Summary. I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. Summary of Procedure Child Less Than 1 Year Old : If the child is less than one-year old, you may be able to change the child’s name without a court order. Read MD H EALTH G EN . C ODE A NN . § 4-214. Child Aged 1 Year or Older : To change a child’s name you, as his/her parent or guardian, may fle a Petition for Change of Name. Ordinarily the court will look at whether all parents, guardians and custodians, as well as the child, are in agreement with the name change. The request to have the name changed must also be published in a newspaper of general circulation in the county in which you are fling the Petition. The Clerk of the court will arrange for publication once you have fled. After the notice has been published, other persons are given the opportunity to object. If someone objects, they must fle this objection and serve you a copy. You will have 15 days to respond to the objection by fling a written response with the Court. B. You can use this packet if: ► If the child is one year old or older and a resident of the county in which the Petition will be fled. ► You have proper and reasonable cause for the requested change of name. ► You are not changing your name to avoid debts or defraud creditors. ► The name change is not in connection with an adoption. II. WHAT FORMS ARE INCLUDED A. Civil Domestic Case Information Sheet – (MD-NC-101) This form provides the court with basic information regarding the parties and the nature of the action. B. Petition for Change of Name – (MD-000031) This document states the reasons and other required details for your name change. C. Consent to change of name - (MD-000032) This document provides the written consent of the parent, guardian or custodian who is not a party to the action. Use one for each parent. D. Consent to Change of Name – (MD-000033) This is a consent form for the individual originally listed on the birth certifcate and who is stating that it is his belief that he is NOT the father of the child. This form is normally used ONLY when there is an issue of paternity. D. Notice of Filing - (MD-000034) Notice that your Petition for Change of Name has been fled and the matter has been set for hearing. This should be published in a newspaper prior to the hearing. E. Order of Name Change - (MD-000035) This is the fnal statement of the legalities and terms of your name change. Once this form is signed by the Judge an fled with the court, the name change is efective. F. Afdavit and Motion for Service by Alternate Means – (MD-000036) This form is used when one interested party, such as a parent, cannot be notifed of the minor’s name change in the usual way. G. Afdavit – (MD-000037) This is the form where you enumerate the eforts you have made to contact the non-party parent. It is in support of the Motion for Alternate Service. H. Motion for Alternate Service – (MD-NC-310) This is a form for when the court papers have already been fled, but the other side is yet to have been served and the party to be served can NOT be located. I. Certifcate of Publication – (MD-NC-104) This form is used to prove to the court that the Notice of Name Change was published and the particulars for the courts information. If you did not order a completion package and need access to the download page again for any of the above forms, please check your email for a link to that will redisplay the page for you. Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a diferent form, or modifcation to these forms . If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orders@uslegalforms.com . III. PROCEDURE FOR CHANGE OF NAME (MINOR) FOR THE STATE OF MARYLAND A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change. 3. Print three (3) complete sets of forms. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Action/Cause No.” will be assigned by the court clerk at the time of fling. 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – frst name, middle name, last name. 6. When a form is fled with the court, request the clerk “fle- stamp” one copy of the form for your fle. 7. A Law Summary is available and can be printed for your State. To do so, go to the end of this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. B. Procedure STEP 1 - Securing Consent of Parents, Guardians or Custodians It is usually preferable to submit the Petition with signed consents from all parents, guardians and custodians. Before preparing the Petition for Change of Name, contact each parent, guardian, or custodian. Ask that person to sign a Consent form. File this consent form with your petition. If the location of an absent party is known and it is possible that the missing parent will consent, it is suggested that the absent parent be served with a copy of the Consent, Petition and the Notice for Publication by certifed mail return receipt requested. STEP 2 - Completion of the Petition for Change of Name (Minor), Notice and Order for Change of Name A. Fill out the Petition for Change of Name, as indicated, using full named – frst name, middle name, and last name. B. Sign the Petition. C. Fill out the top section and frst paragraph of the Notice for Publication. Leave the second paragraph blank. D. Fill out the proposed Order for Change of Name, except for the date and Judge’s signature. STEP 3 - Attachment of Consent Forms and Birth Certifcate Attach to the documents to be fled with the court, each signed consent, and a copy of the child’s birth certifcate or other document refecting the child’s current name (the one you want it changed from ). STEP 4 - Filing of Documents File the above documents with the Clerk of the court at the circuit court for the county in which you reside. Pay the fling fee. The Clerk will send the Notice to the newspaper for publication. STEP 5 - Service If you have not obtained the consent of each parent, guardian and custodian of the child, you will need to serve each person who has not consented with the following papers which you have fled or which have been provided by the Court: 1. Petition for Change of Name 2. Notice for Publication 3. Order for Change of Name 4. All attachments you fled with these documents 5. Writ of Summons (This will be given to you after you fle your documents) IF you have not been able to locate the non-party parent to serve them with the petition and other documents, you will need to fle a Motion for Alternate Service. See Section C. (below) STEP 6 - Pay for the Publication of the Notice The newspaper will send you an invoice to have the Notice published. You are required to pay this invoice. Publication can be expensive. After the Notice has been published, you and the Clerk will be sent a confrmation from the newspaper. STEP 7 - Consideration of Petition and Issuance of Order After the Clerk receives the confrmation from the newspaper, they will send your Petition to a judge. The judge will review all of the information. If someone has contested the name change, if you have not secured the consent of all parents, guardians or custodians, or if the judge has any questions about your petition, a hearing may be scheduled. (Remember to Respond to any objection within 15 days after you receive it and include a Request for Hearing or Proceeding, DOM REL 59, if you want the court to hold a hearing on the objection). If no one has contested the change, and everything has been done properly, then the judge may sign the proposed Order for Name Change. You will receive a certifed copy of the signed Order in the mail, and, for a small fee, you may obtain additional certifed copies of the Order from the Clerk. You will need to use a certifed copy of the Order for Name Change to change the child’s name at the Motor Vehicle Administration (you may need other identifcation for this), the Bureau of Vital Statistics, the Social Security Administration, with creditors, or at the child’s school. C. Motion for Alternate Service: What You Should Do Before Completing This Form: Before completing this form, be sure you have made a good faith efort to locate and serve the opposing party. The court will not grant your motion until you have made several attempts at service. Below are examples of steps you can take to locate and serve the opposing party. Try as many as you can, and document your eforts as indicated: A. Serve them by certifed mail at their last known address. Try more than once. Each time, save the mail receipt and have the person who mailed it for you complete an Afdavit of Service. B. Send letters to their relatives or friends , asking if they know their whereabouts. Each time, save a copy of your letter, mail return receipts, and any response you receive. C. Write to their last employer , asking if the employer knows their current address. Save a copy of your letter, any mail return receipt, and any response you receive. D. Hire a private investigator or attorney to locate them. Attach an Afdavit signed by the investigator or attorney indicating what they did and whether or not they were successful. E. Look the opposing party up in the telephone directory or call directory assistance. Keep a record of the times you looked, in which volume or within what location did you ask for directory assistance. F. Contact the Motor Vehicle Administration of Maryland to see if they have a current address for the other party. G. Contact the Military Worldwide Locator for the other party’s branch of service if they are a member of the armed forces. H. Ask their former neighbors whether they know their whereabouts. Have any neighbors you spoke with complete an afdavit stating what they do or do not know. I. Contact the local child support enforcement agency to see if they have any record of the opposing party and know their current address. Keep a record of the date and numbers you called. J. Try any additional means you can think of that might help you locate them. If you have tried all of these methods to locate and serve the opposing party and have not been successful, then you are ready to fle a Motion for Alternate Service. STEP 1 — Complete form DOM REL 70 . Page 1 of DOM REL 70 . Caption (Top Section). Fill in the name of the court, the case number, your name and address, and the name and last known address of the Defendant. Paragraph 1. Indicate the type of complaint or petition you originally fled with the court (i.e., the document you have been trying to serve on the opposing party). Indicate the court you fled it in and the date fled. Date and sign the form. Affidavit.  Complete the Afdavit, but DO NOT SIGN IT YET. Paragraph 1 and Item 1. Fill in your name, as indicated, as well as information about the document(s) you fled with the court, including the name of the court and the date fled. Item 2. Check of the boxes indicating each method you have used to try to locate and serve the opposing party. Attach all supporting documents as indicated. Use the Afdavit form, DOM REL 73 if you need to have investigators, neighbors or others provide an afdavit. Page 2 of DOM REL 70 . Item 3. Indicate the date you last saw the opposing party, and indicate what you know by checking of the appropriate boxes. Take the completed document to a Notary Public. Sign the Afdadit portion of the document .n fron of a No ary . Hade the Notary complete the Notarization. STEP 2 — Complete the Caption (Top Portion) Only of the Order for Alternate Service, DOM REL 71. STEP 3 — Complete the Caption (Top Portion) Only of the Notice, DOM REL 72. STEP 4 — File the Forms and Pay the Filing Fee. Take the original copies of the completed Motion for Alternate Service, proposed Order for Alternate service, proposed Notice, and all supporting documents to the Clerk of Court. Payment of a fling fee is generally required to fle the motion. STEP 5 — The Judge will Consider Your Motion. Once the motion and accompanying documents have been properly fled, they will be forwarded to a judge for consideration. If the motion is granted, you will receive a copy of the Order for Alternate Service, signed by a judge. If the judge orders service by posting, the Clerk of Court will arrange to have the Notice posted for the time indicated by the judge. Once that time period is past, if no response has been fled by the opposing party, you may proceed to seek a default judgment or to move forward with your case. If the judge orders service by publication, you will need to check with the Clerk of Court regarding publication of the Notice. In some jurisdictions publication arrangements are the responsibility of the party asking for publication. In other jurisdictions the Clerk of Court will arrange to have the Notice published. The newspaper will send you an invoice to have the Notice published. You are required to pay this invoice. Publication can be expensive. After the Notice has been published, you and the Clerk will receive a confrmation from the newspaper. After the period has passed indicated in the judge’s Order, you may proceed to seek a default judgment or to move forward with your case. NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form felds” created using Microsoft Word. “Form felds” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form felds. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form felds will be visible. In order to use the form felds properly, it is necessary to “lock or protect” the document. If you wish to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. This is done by clicking on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . It is very important to understand that, once the document is unprotected, any data entered in the form felds will be lost when the document is again protected. If changes are necessary, unlock the document, using the password “uslf” if necessary, and make any changes that you feel are required. Then protect the document once again. After any required changes and re-protecting the document, click on the frst form feld and enter the required information. You will be able to navigate through the document from form feld to form feld using your tab key. Tab to a form feld and insert your data. Inserting date will result in the default line disappearing. You will have sufcient space to enter any required information. LAW SUMMARY The law summary for this package may be located and printed from the following address: http://www.uslegalforms.com/md/MD-00003.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Maryland. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. 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