Post-divorce, life will go on for everyone involved. Sometimes that leads to the building of new lives, new relationships, and new identities. Sometimes this may lead to an opportunity where you want to change your childs name.
Minnesota Statute Section 259.10 provides that a minor child’s name may be changed upon application with the Court for such name change. The childs other parent will need to be notified of the requested name change for the Court to proceed with the name change.
With the application, you will need to include: (1) an application in the county where the minor resides; (2) statement that the minor must have lived in Minnesota for at least six months and the parent or guardian is bringing the application. Upon application, the Court will set a hearing. The minor child must attend the hearing, and you must bring two adult witnesses to the hearing who have known the minor child for one year or longer. If both parents attend, only one additional witness is required. Witnesses may be relatives.
The Court will ensure that the other parent be notified of the anticipated name change. If the non-applicant parent isnt listed on the birth certificate and there is no order assigning parenthood, bring a certified copy of the birth certificate to the court hearing, proving that the non-applicant parents name does not appear on the birth certificate.
If the address of the non-applicant parent is known – send a certified letter to the parent when you receive the hearing date indicating the date, time, place, and purpose of the hearing.
Bring the return receipt card signed by the non-applicant parent to the court hearing with a copy of the letter as proof to the judge that the non-applicant parent received notice of the name change proceedings. If you dont know the address of the non-applicant parent, bring a signed, notarized affidavit to court, showing your last contact with the parent, information demonstrating that you are unaware of the location of the parent, and what attempts you have made to contact the non-applicant parent.
If the other parent does respond to the Court, and that party disputes the name change, the Court will hold a hearing on the best interests of the minor child for the name change. Each party will have an opportunity to present the reasons for why the childs name should or should not be changed.
Factors the Court will consider include the preference of the child; the effect of the change of the child’s name on the preservation and the development of the child’s relationship with each parent; the length of time the child has borne a given name; the degree of community respect associated with the present and the proposed surname; and the difficulties, harassment or embarrassment, that the child may experience from bearing the present or the proposed surname.
If you are interested in pursuing a name change for your child, and especially if you anticipate that the other party will dispute the name change, contact an attorney today so you can prepare your best case possible.
