CONTENTS
Change of Name petitions are filed in the Probate Court in the county
where you reside.
The cost of forms, news notice publications, certificate of name change
fee, and filing fees have been omitted as they are subject to change. The
publication fees vary from county to county. You need to contact the
Probate
Court in the county where you reside for current fees in your area.
You should contact the Probate Court in your county
before filing a name change petition.
| What papers do I need to file with the Probate Court? |
You will need:
- the form CN-1, Petition for Change of Name (Adult) or
the form CN-2, Petition for Change of Name (Minor)
(NOTE: Forms CN-1 and CN-2 may be purchased from any of the
16 probate courts)
- a certified, up-to-date copy of the birth certificate;
- a certified, up-to-date copy of your divorce decree, if any;
- depending on your particular case, affidavits and other supporting
documents may be required. These affidavits and supporting documents
vary from county to county. Contact the Probate
Court in the county where you reside for details.
| Who may petition for a minor's name change? |
The legal custodian of the minor must petition in the county where the
minor resides.
Physical custody alone does not give one the status of legal custodian.
Legal custody of minor children after divorce is determined by
ascertaining from the divorce judgment which person has the
decision-making responsibilities.
When there are shared parental rights and responsibilities, determined
by a court order, one parent alone could not be deemed legal
custodian. Hence, both parents would have to agree to a change of name for
the minor.
Similarly, if there has been no court determination as to parental rights
and responsibilities but both parents are alive, the parents would have to agree to
a name change in order for the Probate Court to act. As an alternative, one parent could seek a
parental rights
determination from the District Court, requesting exclusive authority to
change the name of the child. Once a parent has been allocated the
authority, he or she may petition the Probate Court.
| What are the notice requirements for changes of name of a minor? |
The form N-103, General Notice of Beginning of a Formal Probate
Proceeding with a Hearing Date is used for persons to receive notice.
Biological parents are entitled to receive notice of the change of
name.
This notice may be waived by the parent by signing the probate form N-107
or the parents may sign the petition.
The probate office has the appropriate notice forms and can tell you
how the notice is to be served. Most courts require the notice to be
served personally by sheriff. However, some courts may require the notice
to be given by certified, restricted delivery mail.
If the parent to be served is out of the state of Maine the notice is
still served personally by sheriff. You are responsible for contacting the
sheriff's department in the other state for their address and fees.
| What if I do not know where the parent to be served is located? |
If the whereabouts of the parent to receive notice is unknown, the
Judge of Probate may require a special publication notice, a check with
the 5 branches of the military service, and require you to file an
affidavit of diligent search showing what you have done to locate the
missing parent.
| What if I do not know the name of the father? |
If the name of the father is unknown, the Judge of Probate may ask to
have a conference with the mother to determine how notice will be served.
| What are the notice requirements for changes of name of an adult? |
If you are married some courts may require your spouse to get notice.
This notice may be waived by your spouse by signing the probate form N-107.
Some courts may have a specific form for your spouse to sign so the
court knows your spouse is aware of the name change. Again, check with the
probate court in the county where you reside.
| What happens once the fees are paid and papers are filed? |
The Petition and supporting documents are recorded by the court on the
docket. A return date is assigned.
The return date is the date that will be published in the newspaper and
is the date that goes on any required notice.
In some courts the return date is when you need to come to court for a
hearing. If someone comes to court on that date to object to the name
change the Judge may hear it on that date.
In some courts the return date is used as the last date a person can
file a written objection. Once the written objection is filed, the
Court will set a different date for a contested hearing.
Next, the Petition is published in a newspaper of general circulation
in the county where the petition is filed. The court will take care of the
publication notice.
Required notices to a parent or spouse will either be:
- prepared and served by the probate court;
- prepared by the probate court and delivered back to you for you to
make service; or
- you will be responsible for preparing and serving the appropriate
notice.
You will need to contact the Probate Office in the
county where you reside for the procedure practiced in that court.
Required notices must be served 14 days before the hearing date.
| Do I need to come to the hearing? |
Some probate courts require the attendance of the minor child and/or
the petitioner(s).
Some probate courts do not require anyone to attend a hearing.
If the name change petition is contested (if someone objects) you will
need to attend a hearing and present testimony to the Judge of Probate.
You will need to contact the Probate Office in the
county where you reside for the procedure practiced in that court.
| What do I need for proof of service? |
Once the sheriff has served the parent to receive notice, the sheriff
will fill out a form showing the date of service. The sheriff will return
this form to you. You need to file it with the probate court.
If service is made by certified, restricted delivery mail, an affidavit
of service must be filed. You must attach a copy of the notice served along
with the green return
receipt card from the post office.
If it is the practice of the court to prepare and serve the notice, the
court will be responsible for proof of service and you will not need to do
anything.
| What happens when the parent who receives notice does nothing? |
The parent receiving notice must appear
in court on the hearing date in the notice if that parent objects. The
parent may file written objections, but the filing of such written
objections will not substitute for appearance at the hearing unless the
court so orders. The parent receiving
notice may hire an attorney to represent them. A continuance of the
hearing may be requested.
When the parent receiving notice does not respond, some courts require
that person be defaulted. (That is, the court will assume that the
parent does not object to the name change.) The appropriate form can
be supplied by the probate office.
| How do I change a birth record to reflect the name change? |
There is no legal requirement at this time for you to change your birth
record.
If the birth name is not being changed - a woman returning to her birth
name after a divorce, for example - there is no need to change the birth
record.
If the birth name is being changed - even if it's only a minor spelling
change - you may want to consider amending the birth record.
If the birth took place in the State of Maine, the probate court can
provide you with the form VS-14, Notification of Legal Change of
Name. The probate court will forward this form to Vital Records in
Augusta.
The fee for amending the birth record is currently $20.00. This fee is
paid to the Treasurer, State of Maine. You will receive a new birth record
directly from the Vital Records office.
If the birth took place outside the State of Maine you will need to
contact the place of birth yourself to find out what is required of them
to amend the birth record.
The petition and other related documents are to be filed in the
probate court in the county where you reside.
A hearing may be required depending on the circumstances of your
particular petition. You will be notified of the time and date of hearing.
STATE OF MAINE PROBATE
COURTS (Revised 9/08)
