LEELANAU COUNTY FAMILY COURT

PROCEDURE FOR CHANGE OF NAME OF ADULT

Requirements
Petitioner must be a resident for at least one year in Leelanau County, and the change of name may not be for any fraudulent intent. The petitioner's spouse and children's name may be changed at the same time (This does not apply to children if there has been a divorce -- See instructions for name change of a minor). The spouse must also sign the Petition.

Court personnel cannot give legal advice.

Petition
Petitioner presents to the court a completed and signed Petition for Change of Name (PC 51) and Order Changing Name (PC 52). Michigan Court Rules require that it be typewritten or legibly printed in black ink.

Fees
There is a $150 fee + $11 for each certified copy of the Order Changing Name that you will need. Please make checks payable to Leelanau County Clerk.

Fingerprints
Effective April 1, 1997, state law requires fingerprints for everyone over 22 years of age seeking a name change.

Publication in Newspaper
After fingerprint clearance has been obtained, the court will set your petition for a hearing. Petitioner must arrange for publication of the Publication and Notice of Hearing (PC 07) in the Leelanau Enterprise. The newspaper must have the Notice by noon on Friday in order to be published the following Thursday. The Notice of Hearing must be published once at least 14 days prior to the hearing date. You will obtain from the Probate Court office a hearing date and file number to insert in this form when you file your petition. The newspaper charges for this publication. The newspaper will file an Affidavit of Publication stating that the notice was published. The Court requires this form before the Order can be signed.

New Birth Certificate
It is not necessary to have a new birth certificate. Your old birth certificate plus a certified copy of the Order Changing Name is proof of your name change.

However, if a new birth certificate is desired, both the Petition and Order forms contain check boxes regarding the creation by the State Registrar of a new live birth certificate. The State Registrar advises that in most cases it is unnecessary to seek a new live birth certificate. Issuance of a new live birth certificate seals the original certificate and the new name is the only one that appears on the new certificate. If it is your desire to have a new birth certificate, check the box in paragraph 7 on the petition. It is your responsibility to submit a certified copy of the Order Changing Name to the State Registrar. The Probate Court does not do this.

As another alternative, the State Registrar can issue an Addendum to the original birth certificate reflecting the name change. This prevents removal of the birth name of the individual on the certificate. An application form signed by the petitioner requesting a change to the birth certificate and a fee of $26 must accompany the certified copy of the Order. The Probate court has the application form, but you must send the application and Order Changing Name to the State. The address and phone number of the State Registrar is:

Office of State Registrar, 3423 N. Logan/Martin Luther King Blvd.,
P. O. Box 30195, Lansing, MI 48909 (517) 335-8678

Hearing
It is not necessary for the petitioner to appear on the hearing day unless you expect that there will be objections to the name change. There may be some exceptions to this which will be determined by the Court after the petition is filed.

However, the petitioner may desire to appear on the hearing day for personal reasons. If so, please inform the court clerk.

Order
After the hearing, the Judge signs the Order Changing Name. If Petitioner desires certified copies of the Order, the charge is $11 per copy.

After the Order is signed, you should present to IRS, Social Security, Secretary of State, etc.

CONGRATULATIONS ON YOUR NEW NAME

It is important that others know you have changed your name. Following the hearing, you will receive a certified copy of the Order Changing Name. This Order plus your birth certificate will serve as proof of your new name. You are free to photocopy this Order, but some offices may require a certified copy. Certified copies are purchased from the Court at a cost of $11 each.

Upon application, the Office of Vital Statistics will create a new certificate of birth. Applications can be obtained from the Probate Court or County Clerk's Office. There is a $20 fee.

The following offices require notice of a change of name:

1. SECRETARY OF STATE

To change name on driver's license, present certified copy of the Order to Secretary of State's office and pay correction fee. Voter registration may be changed at this office, also.

For vehicle title changes, present a certified copy of the Order and pay fee for notarization of title application. A corrected registration will be issued at that time. The new title will be mailed from Lansing.

2. CREDIT CARDS WITH BANKS AND AGENCIES

Send written notification stating change to banks and other agencies issuing credit cards. Be sure to indicate account number.

3. SOCIAL SECURITY ADMINISTRATION

Form SS-5 and certified copy of the Order are required. Mail or take documents to Social Security Administration promptly. Your documents will be returned. A new card will be issued with your same social security number. Also, notify any employer of your new name to ensure accurate crediting of earnings. Obtain SS-5 from Social Security Administration or Post Office. There is no charge for this service.

4. U.S. POST OFFICE

No copy of the Order is required, but you must file separate change of address forms in old and new name. Mail addressed in either name will then be delivered. Both names may be indicated on mailbox for a 6-month period to prevent confusion by the carrier and possible return of mail in new (or old) name.

5. VOTER REGISTRATION

Can be corrected at Secretary of State's Office or city/township clerk where you reside.

6. REGISTER OF DEEDS

Certified copy of name change order should be recorded in any county in which real estate is owned.

7. OTHER

You may want to notify schools, churches, libraries, clubs, companies in which stock is owned, magazines, employers and friends.

PROCEDURE FOR CHANGE OF NAME OF MINOR

Requirements
Petitioner must be a resident for at least one year of Leelanau County, and the change of name may not be for any fraudulent intent. Both parents must sign the petition. If one parent is deceased, the petition shall be signed by the surviving parent. The guardian of the minor may sign if both parents are deceased.

The Court may change the name of a minor who has a noncustodial parent who does not join with the custodial parent in petitioning for the name change if:
(a) there is a hearing;
(b) notice of hearing is given to the noncustodial (other) parent;

AND UNDER EITHER CIRCUMSTANCE #1 or CIRCUMSTANCE #2:

CIRCUMSTANCE #1. BOTH OF THE FOLLOWING OCCUR:

A) The other parent, having the ability to support or assist in supporting the child, has failed or neglected to provide regular and substantial support for the child or, if a support order has been entered, has failed to substantially comply with the order, for 2 years or more before the filing of the petition.

B) The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for 2 years or more before the filing of the petition.

CIRCUMSTANCE #2. The other parent has been convicted of a violation of Section 750.136b (child abuse); 750.520b, c, d, or e, (1st, 2nd, 3rd, or 4th degree criminal sexual conduct); or 750.520g (assault with intent to commit criminal sexual conduct) {Penal Code of Michigan Compiled Laws} and the child or a sibling of the child is a victim of the crime.

If petitioner is under 18, a waiver and consent from each of the natural parents must accompany petition.

Petition
Petitioner presents to the Court a completed and signed Petition for Change of Name (PC 51), a copy of the minor's birth certificate, the Publication of Notice of Hearing filled out to the extent possible, and the Order Changing Name (filled out to the extent possible (PC 52). Court rules require that the forms be typewritten or legibly printed in black ink.

A false statement that is intentionally included within a petition for a name change constitutes perjury. Court staff will review the documents, and, if all is in order, the court will issue a file number and set a hearing date.

Fees
A fee of $150 is charged + $11 for each certified copy of the Order. Please make checks payable to Leelanau County Clerk.

Publication in Newspaper
Petitioner must arrange for publication of the Publication and Notice of Hearing (PC 07) in the Leelanau Enterprise. The Enterprise must have the Notice by noon on Friday in order to be published the following Thursday. The Notice of Hearing must be published once at least 14 days prior to the hearing. The cost is approximately $30 but check with the Enterprise in case their charges have been modified.

New Birth Certificate
It is not necessary to get a new birth certificate. Your old birth certificate plus a certified copy of the Order Changing Name is proof of your name change.

However, if a new birth certificate is desired, both the Petition and Order forms contain check boxes regarding the creation by the State Registrar of a new live birth certificate. The State Registrar advises that in most cases it is unnecessary to seek a new live birth certificate. Issuance of a new live birth certificate seals the original certificate and the new name is the only one that appears on the new certificate. If it is your desire to have a new birth certificate, check the box in paragraph 7 on the petition. It is your responsibility to submit a certified copy of the Order Changing Name to the State Registrar. The Family Division of Circuit Court does not do this.

As another alternative, the State Registrar can issue an Addendum to the original birth certificate, reflecting the name change. This prevents removal of the birth name of the individual on the certificate. An application form signed by the petitioner requesting a change to the birth certificate and a fee of $26 must accompany the certified copy of the Order. The court has the application form, but you must send the application and Order Changing Name to the State. The address and phone number of the State Registrar is:

Office of State Registrar, 3423 N. Logan/Martin Luther King Blvd.
P. O. Box 30195, Lansing, MI 48909 (517) 335-8678

Hearing
On the hearing day if all of the statutory requirements have been met, the Judge signs the Order Changing Name. Depending on the circumstances of the case, it may not be necessary to attend the hearing. Check with the court on this matter.

Minor 14 Years and Older
A minor 14 years of age or older must consent to his/her name change in writing. The written consent must be filed with the court before an order changing the name of the minor is entered.

Minor Under 14 Years of Age
A minor under 14 years of age will be consulted by the court as to a change in his/her name, if the court considers the minor to be of sufficient age to express a preference. A child 7 years of age and under is presumed not of sufficient age to be consulted concerning a preference on change of name. If a minor under age 14 is permitted to express his/her preference, the minor's wishes shall be considered by the court.

Order
If Petitioner desires certified copies of the Order, the charge is $11 per copy. After the Order is signed, present to I.R.S., Social Security, Secretary of State, etc.

CONGRATULATIONS ON YOUR NEW NAME

It is important that others know you have changed your name. Following the hearing, you will receive a certified copy of the Order Changing Name. This Order plus your birth certificate will serve as proof of your new name. You are free to photocopy this Order, but some agencies may require a certified copy. Additional certified copies are purchased from the
County Clerk at a cost of $11 each.

Upon application, the Office of Vital Statistics will create a new certificate of birth. Applications can be obtained from the Probate Court or County Clerk's Office. There is a $20 fee.

The following offices require notice of a change of name:

1. SECRETARY OF STATE

To change name on driver's license, present certified copy of the Order to Secretary of State's office and pay correction fee. Voter registration may be changed at this office, also.

For vehicle title changes, present a certified copy of the Order and pay fee for notarization of title application. A corrected registration will be issued at that time. The new title will be mailed from Lansing.

2. CREDIT CARDS WITH BANKS AND AGENCIES

Send written notification stating change to banks and other agencies issuing credit cards. Be sure to indicate account number.

3. SOCIAL SECURITY ADMINISTRATION

Form SS-5 and certified copy of the Order are required. Mail or take documents to SSA promptly. Your documents will be returned. A new card will be issued with your same SS number. Also, notify any employer of your new name to ensure accurate crediting of earnings. Obtain SS-5 from Social Security Administration or Post Office. There is no charge for this service.

4. U.S. POST OFFICE
No copy of the Order is required, but you must file separate change of address forms in old and new name. Mail addressed in either name will then be delivered. Both names may be indicated on mailbox for a 6-month period to prevent confusion by the carrier and possible return of mail in new (or old) name.

5. VOTER REGISTRATION
Can be corrected at Secretary of State's Office or city/township clerk where you reside.

6. REGISTER OF DEEDS
Certified copy of name change order should be recorded in any county in which real estate is owned.

7. OTHER
You may want to notify schools, churches, libraries, clubs, companies in which stock is owned, magazines, employers and friends.