Minor Child Name Change

MN Court Form with detailed instructions: NAM201

3rd District’s Specific Instructions: NAM101-Supp-Dist-3.pdf (mncourts.gov)

 

Minor Child Name Change

Minn. Stat. § 259.10 requires that both parents have notice of an Application for Name Change of their minor child filed with the court. The applicant must show proof that the non-applicant parent(s) have been served with a Notice of Hearing, or if the non-applicant parent cannot be served, then the applicant must publish the Notice of Hearing in the legal newspaper of the county of the non-applicant parent’s last known address. If the non-applicant parent is not known, the applicant must bring a certified copy of the birth certificate to the court hearing to show the judge that the non-applicant parent’s name does not appear on the birth certificate.

Note: If a biological parent is not listed on the birth certificate and there is no order the biological parent, no notice of the pending name change application is required to be given to the biological parent. You must bring a certified copy of the birth certificate to the court hearing to show the judge that the biological parent’s name does not appear on the birth certificate.

Standard for the Court to Grant a  Minor Name Change

The court shall grant the application unless:

1. it finds that there is an intent to defraud or mislead;
2. section 259.13 prohibits granting the name change; or  (259.13 is related to a person having a felony)
3. in the case of the change of a minor child’s name, the court finds that such name change is not in the best interests of the child.

Best Interest Factors for a Minor Name Change (also called the Saxton factors)

If you are asking for a minor’s name to be changed, the judge will consider these factors:

1. The child’s preference;
2. The effect of the change of the child’s surname on the preservation and development of the child’s relationship with each parent;
3. The length of time the child has borne a given name;
4. The degree of community respect associated with the present and the proposed surname;
5. The difficulties, harassment, or embarrassment, that the child may experience from bearing the present or the proposed surname.

Upon determining that the parent has established that the name change is in the child’s best interests, it is next required to examine “whether the evidence is not clear and compelling that the child’s substantial welfare necessitates such a change.”

When one parent opposes a name-change

When a parent opposes a name-change application, “the district court must examine the evidence and arguments of the parent opposing the request.” Id. (citing Robinson v. Hansel, 223 N.W.2d 138, 140 (Minn. 1974)).

“To prevent the district court from granting the request, the opposing parent must establish that evidence in support of the name change is not ‘clear and compelling that the substantial welfare of the child necessitates such change.’” Id. (quoting Robinson, 223 N.W.2d at 140).

District courts must exercise “great caution” when granting a name-change application over a parent’s objection. Id.

The objecting parent may “prevent the district court from granting the request” by establishing that the “evidence in support of the name change is not ‘clear and compelling that the substantial welfare of the child necessitates such change,’” Foster, 802 N.W.2d at 757 (emphasis added) (quoting Robinson, 223 N.W.2d at 140),

To apply for a minor name change, each applicant must:

• have lived in the State of Minnesota for at least six months;
• file the Application for Minor Name Change in the county in which the minor presently lives;
• the APPLICANT must be at least 18 years of age (a legal parent, legal guardian, or next of kin files on behalf of a minor); and
• pay the civil filing fee and certified copy fee (if you are unable to pay the filing fee you can ask court administration for forms to see if you qualify for a fee waiver, also called in forma pauperis or IFP).

Forms to be completed and filed

(Remember – we never want to use the court forms as is. We want to take the information and format them as one of our documents):

1. Application for Name Change of a Minor (NAM202)
2. Proposed Order Granting Name Change of a Minor (NAM208)
3. Criminal History Check Release (Minor) – Required for all minors age 10 and older (NAM203)

 

Serving the non-applicant parent with the Application of Name Change

The non-applicant parent must be served with the Application of Name Change of a Minor and the Hearing Notice you receive from Court Administration after filing your documents.

If you know the address of the non-applicant parent:

1. Serve the Application for Name Change of a Minor, along with the Hearing Notice you received from Court Administration by certified mail (return receipt requested) on the non-applicant parent at least 28 days prior to the hearing.
2. File an Affidavit of Service (NAM205) and the certified mail receipt with the court at least 14 days prior to the hearing.

NOTE: If the court does not receive the Affidavit of Service at least 14 days prior to the hearing, your hearing will be canceled, and you will receive a deficiency notice in the mail with the steps you need to take.

If the non-applicant parent signed the return receipt, file the signed receipt with the court as well, as proof to the judge that the nonapplicant parent received notice of the name change proceedings.

Hearing

1. All minor(s) seeking to have their name changed must be present at the court hearing.
2. At the hearing you must bring two adult witnesses (other than the applicant) who have known the minor for one year or longer. If both parents come to the hearing, you only need to bring one other witness. Your witnesses may be relatives. The same witnesses may testify for more than one child if there are multiple children on the application.
3. At the hearing, the judge may ask you to prove that you have the legal right to request a name change. If you are the legal parent, you should bring a copy of the birth certificate. If you are the guardian, you should bring a copy of the court order appointing you guardian.
4. If your application is approved at the time of the hearing, the judge will sign the Order Granting Name Change of a Minor.

Get a Certified Copy of the Order

You will need a certified copy of the Court’s order to change important documents (such as MN I.D. or driver’s license, social security card, bank account, etc.). If you requested a birth record amendment and the judge granted it, you will need a certified copy of the Court’s order to apply for the new birth certificate through the Minnesota Department of Health. There are copy fees. You can also find a list of other suggested items to update in the Notice to Persons Who Have Had Their Name Changed (NAM106).