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If one parent is out of the picture, you don't need consent to change your child's last name. You do need to serve him or her with a conformed copy of the Order to Show Cause form. The other parent still does not have to consent or agree, just get served. Once served, a Proof of Service form must be filed.
Complete a Petition for Change of Name (Adult) (CC-DR-60) or Petition for Change of Name (Minor) (CC-DR-062). Attach documents with your current name (birth certificate, driver's license) and documents that show a name change (marriage certificate).
To change the name of a child or minor, other than in connection with an adoption or divorce, a petition for name change needs to be filed in Maryland circuit court in the county where the child is a resident. See the Maryland Judiciary's Department of Family Administration's website for forms and instructions.
Both parents named on the child's birth certificate must apply to change their child's name. the other parent is deceased, or 2022 a court has specifically approved the new name for the child. An Australian court must have allocated parental responsibility for the child to person(s) other than the parent.
First, you file the Petition for Change of Name for your child. Then, you will get a court date between 6 and 12 weeks away. If the court approves your request, you will get a court order called a "decree" changing your child's name. The court process can take up to 3 months, though in busier courts it may take longer.
Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
The fee for filing a name change in Maryland is $165 (see Fee Schedule) or, if the petitioner is represented by an attorney, $185.
The key to making an argument to change a child's name is to present the legal reasons for the change and show a judge that it is in the best interests of the child. The easiest way to convince a judge is to point to the factors put forth in state laws that support the request.
To change the name of a child or minor, other than in connection with an adoption or divorce, a petition for name change needs to be filed in Maryland circuit court in the county where the child is a resident. See the Maryland Judiciary's Department of Family Administration's website for forms and instructions.