Objecting to a Name Change

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What is an objection? 

For both adults and children, a petition can be filed with the court to change a name. The person filing the petition to request the name change is the petitioner.

An objection is a statement filed with the court that says you are against the petition for change of name filed by the petitioner. If you plan on objecting to a petition for a name change, you should have a valid reason for being against the name change. You must state your reasons for objecting in a sworn written statement called an affidavit. You must file a written objection and supporting affidavit with the court. If there is a hearing, then you also need to be able to express your reasons in court.

Read the law: Md. Rule 15-901(e)

 

Who can file an objection? 

Any person may file an objection to a petition to change the name of another person. Typically, the only time there is an objection to a name change is when one parent files to change the name of a child against the wishes of the other parent. If there is an objection in a case like this, the court decides what is in the best interest of the child.

Read the law: Md. Rule 15-901(e)

 

What is an affidavit?

An affidavit is a written statement where you are affirming the contents of the statement to the court under the penalty of perjury to be true. An affidavit in support of an objection to a petition for a name change must be made upon personal knowledge, set forth facts that would be admissible in evidence, and show affirmatively that the person objecting is competent to testify to the matters stated in the affidavit. It is not necessary to have the affidavit witnessed or notarized.

Read the law: Md. Rule 15-901(e)

 

What can be a valid reason for an objection?

Valid reasons can include the following:

  • The objector has knowledge of an illegal or fraudulent purpose (such as avoiding debts or taxes) on the part of petitioner.
  • A mother has filed a petition to change the last name of a minor child, and the father wants the child to have his last name.

The specific facts and circumstances of the situation will determine what is considered valid.

 

When do you need to file the objection? 

In general, you have 30 days from the date the petition is filed to file an objection. The court may not rule on the petition until the 30-day time frame has completed. If the petition for name change is for a minor, the 30-day time period begins when all nonconsenting parents, guardians, or custodians have been served a copy of the Court’s notice and petition.

Read the law: Md. Rule 15-901(e)

 

How do I object?

To object to a petition for a name change:

  • File a written objection and supporting affidavit that states the reasons for the objection with the court.
  • In your affidavit, show that you have personal knowledge that the petitioner is seeking the change of name for an illegal or fraudulent purpose. Describe what you observed or how you have this knowledge. You must be able to testify to it before the court.
  • Serve your objection and affidavit on the petitioner in accordance with Md. Rule 1-321. Learn more about service of process.

The petitioner may file a response to your objection within 15 days after being served with the objection and affidavit. If the petitioner wants a hearing, the petitioner must request the hearing in their response to the objection.

Read the Rule: Md. Rule 15-901; Md. Rule 1-321

 

Name Change Video

Objecting to a Name Change from the Maryland Courts

 

Source URL: https://peoples-law.com/objecting-name-change

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