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PLEASE READ THIS PACKET BEFORE PROCEEDING
- Your petition will NOT be accepted if it is not completed properly. There is a $150.00 filing fee and a $10.00 order entry fee for a total of $160.00 due at the time of filing. After the hearing you will be given one certified copy of the order changing name. Any additional copies are $11.00 each.
- The information in this packet is not intended to be legal advice. It is a brief explanation of the basic procedure that is required to obtain a change of name and is not meant to teach you the law.
- You are not required to have an attorney; however, the court cannot act as your attorney. If you do not understand these instructions or the process, you will need to obtain other assistance.
- Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you.
- The information contained here is the onlyinformation court personnel can give you about this procedure.
Make all checks payable to: Ionia County Probate Court.
Please come to the court and personally file the documents so we can ensure they are completed correctly.
Telephone: 616 527 5326
WAYS THAT A CHANGE OF NAME CAN OCCUR:
1. Correction of the birth certificate.
If there is a mistake on the birth certificate, you may consult with the Michigan Department of Public Health, Vital Records Division, for the proper procedure to correct the mistake at (517) 335-8660 (Mon-Fri 8:00 a.m. to 5:00 p.m.)
2. Changing last name after paternity is established.
If the name of the father is not indicated on the birth certificate and the child has the mother’s last name, the last name can be changed to the father’s last name after paternity is established if both parents agree. You may consult with the Michigan Department of Public Health, Vital Records Division, listed above for the proper procedure.
3. Name change in conjunction with an adoption
When an adoption is finalized, the order of adoption will specify the new name. When a certified copy of that order is presented to the Michigan Department of Public Health, a new birth certificate is prepared.
4. Court-ordered change of name
If none of the previous explanations fit your situation and you want the birth certificate to have a different name on it for you or your minor child, you may file a Petition to Change Name with the court.
REQUIREMENTS:
- Must be a resident of Ionia County for not less than one year.
- Petition must be completed properly in blue/black ink or typed. If the minor whose name is being changed is 14 years of age or older, the minor must sign the petition as well as petitioner.
- Must show sufficient reason for the requested change.
- The name change is not being sought for fraudulent intent.
- You must have the consent of the noncustodial parent,
OR
Provide proof that the noncustodial parent has been convicted of child abuse (MCL 750.136b), criminal sexual conduct (MCL 750.520b,750.520c, 750.520d, or 750.520e) or assault with intent to commit criminal sexual conduct (MCL 750.520g) and the child or a sibling of the child was the victim
OR
Must show the noncustodial parent has had the ability to visit, contact, or communicate with the child and has regularly and substantially failed to do so for a period of two years or more before the filing of the petition.
AND EITHER
A support order has been entered, and the noncustodial parent has failed to substantially comply with the order for a period of two years or more before the filing of the petition.
OR
An order of support has not been entered and the noncustodial parent, having the ability to support or assist in supporting the child, has failed or neglected to provide regular and substantial support for two years or more before the filing of the petition.
PROCEDURE:
- File a Petition to Change Name (PC51) and the filing fee with the Probate Court. The birth certificate, death certificate of a deceased parent, acknowledgement of paternity, custody/support order, if applicable, is required when requesting the change of name for a minor)
- The court will set a hearing for approximately 6-8 weeks later to allow for personal service on the noncustodial parent and notice to be published.
- The noncustodial parent must be personally served with a copy of the petition asking for the name change and a notice of the hearing. Once service is completed, fill out a proof of service (attached) outlining the documents served, location/time of service, and signed by the person who completed the service.
If it is not possible to personally serve the noncustodial parent . . .
- you must fill out Motion for Alternate Service (JC46 – copy attached)
- fill out the Order for Alternate Service (name, file number) to the best of your ability and submit that along with the Affidavit in order to have alternate service authorized by the judge.
- you should try and determine whether or not it’s going to be possible to personally serve the noncustodial parent within about two weeks after filing the Petition to Change Name. If it is not possible, then immediately fill out the Motion for Alternate Service referenced above and bring it to the court to obtain permission for alternate service. Usually the alternate service that will be authorized will be publication, separate and apart from the Publication of Notice of Hearing you will have to do to comply with the law.
- if you don’t notify the court and allow yourself enough time to obtain alternate service on the noncustodial parent, then you will have to reschedule your hearing date.
- The petitioner must publish the notice of hearing once in an Ionia County publication at least two weeks prior to the hearing date. The publication must show the name of the petitioner, the current name of the subject of the petition, the proposed name of the subject of the petition. The petitioner must pay the newspaper for this publication in order for the notice to be published. It is the petitioner’s responsibility to ensure that the newspaper sends an Affidavit of Publication to the court prior to the hearing.