Free Instructions - Oregon

Instructions for Minor Name Change
Marion County Circuit Court Third Judicial District You may use these forms if you are filing to change the name of a minor (the forms may also be used for more than one minor; these instructions will refer to "a minor" or "the minor") and if the minor lives in Marion County. Forms will be filed in the Family Law Department, which is located on the first floor of the courthouse. If the minor lives in West Salem, you must file for a name change in Polk County and you should not use these forms. Please read the instructions carefully and all the way through before you begin. You will not need to use all of the forms in the packet. Which forms you will need to use depends on your circumstances, and is explained in the instructions. You may also need to make extra copies of some forms. 1. Filing the Petition

To begin the process, you must fill out and file Form #1M, the Petition for Change of Name. Fill in all the blanks on the form, except the signature line that says "petitioner", and the case number. You must sign in front of either a notary public, or court staff. In paragraphs 5 and 6, check the correct box to state whether both of the child's parents are living and whether the child has a guardian. Check the box in paragraph 7 only if you are not one of the child's parents. If you are not one of the child's parents, you will also need to submit Form #2M, the Order Appointing Guardian Ad Litem, with your petition. When filling out Form #2M, only fill out the blanks marked with an asterisk (*) and the lines beneath the judge's name. The judge will fill out the rest of the order. If you are one of the child's parents, you do not need Form #2M. After you have filled out the Petition, fill out form 3M, the Notice of Petition for Name Change. Fill in a weekday at least 14 days after the date you post the notice in the space available for the deadline to file objections. You need to put this same date in the area that says : "DO NOT REMOVE THIS NOTICE BEFORE _____." Have your forms reviewed by staff in the Family Law Department. Staff will make a copy of the Notice of Petition for Name Change, and then will send you to the cashier's window to pay the $99.00 fee. When you pay the filing fee, you will get a case number. 2. Posting the First Notice

After you have filed your petition and obtained your case number, the next step is to post notice in a public place. You may check at the information window on the first floor of the Courthouse for bulletin board sites in the Courthouse where you may post. Other places where notice may be posted include city hall, fire stations, laundromats and community centers.

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3.

Consents

The parent(s) of the child, whether or not they have custody of the child, and any guardians for the child, must receive notice of the petition and be given an opportunity to object (if one of the parents is the person filing the petition, that parent does not have to receive notice). The easiest way to meet the notice requirement is to have the parent or guardian sign a consent to the name change. Form #4M is the Consent of Parent or Guardian for Change of Name. If the parent or guardian is willing to consent to the name change, get the person to sign this form. His or her signature must be notarized or witnessed by court staff. Also, if the child whose name is to be changed is over 14, he or she must consent. Form #5M, the Consent of Minor Over 14 for Change of Name, is the form to use for this. File any necessary consents with the court. If you have the consent of any parents other than the one filing the petition, and any guardian, and the minor (if over 14), proceed to step #5 of these instructions. If you have not been able to obtain the consent of a parent or guardian, please follow the instructions in section 4 of these instructions. 4. Instructions for Notice to Non-consenting Parent or Guardian A. Guardians

Fill out Form #6M, the Notice to Parent or Guardian. Fill in a date for filing objections that is a weekday at least 17 days after you are mailing or 14 days after the parent or guardian will be personally served. You may either serve by certified mail, return receipt requested, or by personal service. Certified mail is cheaper but will not work unless you get the return receipt signed by the other parent or the guardian. Personal service can be done by the sheriff or a private process server (not by the petitioner) and usually costs $28.00. Whether you are mailing or using personal service, you will send or deliver copies of the petition (Form #1M) and Form #6M, the Notice. If you served by certified mail, file the original of Form #6M, along with Form #7M, the Proof of Mailing Notice of Petition for Change of Name. Do not sign form #7M until you are in front of a notary public or court staff. You will attach your certified mail receipt to Form #7M. If you had the parent or guardian personally served, the sheriff or process server will file a return of service. You will still need to file the original of Form #6M. B. Parents

There are three options for handling non-consenting parents, depending on the situation: in some cases, notice can be waived; in other cases notice can be served as described in section 4.A. of these instructions; and in other cases notice is required but can be served in a different manner. In certain circumstances it may be possible to waive notice. See sections ii. and iii. below. If Instructions for Marion County Minor Name Change - Page 2 of 6 FC(1/1/07)

regular service cannot be made because the parent cannot be located, the court can authorize alternative service. See section iv. below. i. Is Paternity Established?

If the non-consenting parent is the father, the first question is whether the father's paternity has been established. The father's paternity may be legally established by any of the following: ! ! The mother was married to the father at the time of conception, at the time of birth, or after the birth of the child; The father has voluntarily acknowledged paternity by signing the birth certificate or filing an acknowledgment of paternity with the State Registrar of the Center for Vital Statistics; or Any other legal proceeding has determined the status of the father (such as the state assisting in establishing or collecting child support) . ii. If Paternity is Not Established and Father Has Not Supported Child

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If paternity is not established, the presumed father is legally called the "putative father." Service on the putative father can be waived if the putative father has not contributed to the child's support in the last year or resided with the child in the last 60 days. If the putative father has lived with or supported the child during those times, go to section 4.B.iii. of these instructions and proceed as directed in that section. File Form #8M, the Motion to Waive Notice to Putative Father, and Form #9M, the Affidavit for Motion to Waive Notice to Putative Father. In Form #9M you are swearing under penalty of perjury that paternity has not been legally established and that the father has not lived with or supported the child. Do not sign Form #9M until you are in the presence of court staff or a notary public. You also need to submit Form #10M, the Order Waiving Notice to Putative Father. When filling out the form for the order, only fill out the blanks marked with an asterisk (*). The judge will fill out the rest of the order. Once the judge has signed the order, you may proceed to step #5 of these instructions. iii. If the following is true, notice to the other parent can be waived:

Paternity has been established (maternity is always established) and a parent has never resided with the child(ren) or contributed to, or tried to contribute to the support of the child(ren). File Form #8M(1), the Motion to Waive Notice to Other Parent, and Form #9M(1), the Affidavit for Motion to Waive Notice to Other Parent. In Form #9M(1) you are swearing under penalty of perjury that other parent has not lived with or supported the child nor tried to support the child. Do not sign Form #9M(1) until you are in the presence of court staff or a notary public. You also need to submit Form #10M(1), the Order Waiving Notice to Other Parent. When filling out the form for the order, only fill out the blanks marked with an asterisk (*). The judge Instructions for Marion County Minor Name Change - Page 3 of 6 FC(1/1/07)

will fill out the rest of the order. Once the judge has signed the order, you may proceed to step #5 of these instructions. iv. If the following is true, notice by alternative service may be an option if you are unable to locate a parent: Paternity has been established (maternity is always established) and a parent has deserted or neglected the child(ren). If you can learn the address of the non-consenting parent by making reasonable efforts, you must follow the instructions in section 4.A. of these instructions to serve notice either by certified mail or personal service. If you cannot find out the address of the non-consenting parent after making reasonable efforts, you may file a motion for the court to authorize service by posting or by publication. Form #11M is the Motion to Allow Alternative Form of Service. You must file Form #12M with the motion. This is the Affidavit for Motion for Alternative Form of Service. When you sign this, you are swearing under penalty of perjury that the other parent has willfully deserted or neglected to provide care and maintenance for the child and that you cannot locate the other parent by making reasonable efforts. Do not sign Form #12M until you are in the presence of court staff or a notary public. You will also submit Form #13M, the Order Allowing Alternative Form of Service. When filling out the form for the order, only fill out the blanks marked with an asterisk (*). The judge will fill out the rest of the order. The order will tell you whether the court has allowed you to serve notice by posting, or required you to publish or otherwise serve notice. If posting was allowed, and you have followed section 2 of these instructions, you are ready to go to section 5 of these instructions. If publication was required, you will need to contact the specified newspaper to arrange for publication. The newspaper will provide you with an Affidavit of Publication for filing with the court. If other service was required, you will need to comply with whatever the order specifies. 5. Objections

If any objections are filed, you will be notified by mail of a hearing date. It is your responsibility to keep the court informed of your current address where notices of hearing dates can be sent. At the hearing, the judge will hear from you and the person filing objections, and will decide whether to grant the name change.

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6.

Submitting the Judgment

You are ready to return to the courthouse and submit the judgment when all of the following have been met: ! ! ! Fifteen days or more have passed since you posted the first notice as described in section 2; and If the child is 14 years or older and you have his or her consent; and If there is a guardian, the guardian has consented to the name change as described in section 3 or has been served notice as described in section 4.A. and the time for filing objections has expired; and All parents have either signed consents as provided in section 3; or notice has been waived as described in section 4.B.ii. and iii.; or the parent(s) have been served with notice as described in section 4.B.iii. and iv. and the time for filing objections has expired; and Either no objections were filed; or objections were filed and the court granted the name change after a hearing.

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Fill out Form #14M, the Proof of Posting Notice of Petition for Change of Name, but do not sign it until you are in front of a notary public or court staff. The Court encourages you to attach a copy or the original of the notice you posted (form 3M) to the proof of posting. You are welcome to remove the original notice from the bulletin board. Next go to room 1283 and file the proof of posting (Form #14M) and any consents as described in section 3 or notices and proof of service as described in section 4 that you have not already filed. At the same time, submit Form #15M, the Change of Name General Judgment. When filling out the Judgment, fill out only the blanks with an asterisk (*), and the lines below the judge's name. The Judge will fill out the rest. When you submit the judgment, please provide a self-addressed, stamped envelope or postcard. Court staff will use this to notify you when the judgment has been signed. The judgment will generally be signed within a few days of being submitted, but it may take longer depending on the judge's schedule. 7. Posting the Last Notice

After the judgment has been signed, you must post an additional notice. Even though a judgment has been signed, the name change is not legally effective until you comply with this requirement. Fill it out and post Form #16M, Notice of Name Change Judgment, the same way you posted your first notice. At the same time, fill out and file Form #17M, the Proof of Posting Notice of Name Change Judgment. Do not sign Form #17M until you are in front of court staff or a notary public. You may file it the same day that you post Form #16M. If the proof of posting is not filed, the Court may set aside the judgment without further notice or hearing.

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8.

Changing the Child's Name In Other Official Records

In order to change the child's name on other official records (such as DMV, passport, Social Security), you will need a certified copy of the Change of Name General Judgment (this is Form #15M, but only court staff can make a certified copy). There is a charge of $5.00 plus $0.25 per page for the certified copy. To change the child's birth certificate to show the new name, contact Center for Health Statistics, PO Box 14050, Portland, OR 97214 (503)731-4108. 9. Reminder!

Please note that these forms are designed to work for most people, but we cannot address all possible situations. Also, the court cannot provide legal advice. If these forms do not cover your situation, if you cannot understand these instructions, or if you have questions that are not covered by these instructions, please consult an attorney. The Oregon State Bar can provide assistance locating an attorney, including lawyers willing to provide a low cost initial consultation. For more information, call 1-800-452-8260, or visit www.osbar.org/public/legalhelp.html. Each county in Oregon has its own procedures for name changes. These forms have not been approved by, and may not be accepted by, any county other than Marion County.

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