Instructions for Publishing Notice for Name Change of a Minor
Minn. Stat. §259.10 states that no minor child's name may be changed without both parents having notice of the pending of the application of change of name. The applicant must show proof that the non-applicant parent(s) have been notified of the Application for Name Change of a Minor. If the non-applicant parent cannot be served the Notice of Hearing, you must publish a Notice of Hearing in the legal newspaper of the county of the non-applicant parent's last known address. To obtain the Notice of Hearing, complete the steps listed below. 1. Complete and file with the court an Affidavit in Support of Order for Publication. The affidavit must specify the efforts made to locate the non-applicant parent. The court will review the Affidavit for Publication and if satisfied that personal service cannot be made, an Order will be prepared directing that notice be accomplished by publication. After receipt of a signed Order directing notice by publication, the court will complete a Notice of Hearing by Publication. The Notice will include a court date for the hearing. The court may set a hearing date no earlier than the time necessary to allow the notice to be published once a week for three consecutive weeks and after 10 days have elapsed from the last day of published service. You are responsible for providing the legal newspaper of the non-applicant parent's last known county of residence the Notice of Hearing by Publication. You must: · · · · Deliver the Notice of Hearing by Publication to the legal newspaper. Inform the newspaper that the Notice must be published once a week for three consecutive weeks. Instruct the newspaper to send the bill to you unless you have an Order to proceed "in forma pauperis". If so, the bill must be sent directly to the court. Instruct the newspaper to mail the Affidavit of Publication to the court prior to the hearing date indicated on the Notice.
Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.
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