Name Changes
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Name Change Resources
RC 2717.03 states that a person desiring a name change may file an application in the county in which they have been a bona fide resident for 60 days prior to filing.
Once all the necessary documents are filed with the Court, a hearing date will be scheduled. The Applicant must publish a legal notice of the application in a newspaper of general circulation in this county, one time at least thirty (30) days prior to the hearing date. Publication will not be required if the Applicant satisfactorily proves that publication would jeopardize the Applicant’s personal safety.
If the required publication is not completed at least thirty (30) days prior to the hearing, the name change cannot be granted and re-publication will be required at additional cost and delay to the Applicant.
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change, unless the name change is simply restoring the Applicant’s birth name (i.e. following a divorce, dissolution or a spouse’s death) or the Applicant does not want a change to the birth certificate. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); upon request within approximately 90 days following receipt of Judgment Entry, the Bureau will issue a “Certificate of Birth” in the new name and with a footnote observing referencing that the legal name change is on file.
Items necessary to file a Name Change for an Adult:
Ohio law permits an adult to apply to the Probate Court for a name change. The filing must be made in person. After the filing of the paperwork the Court will set a hearing date, generally 60 days after the filing. At least thirty (30) days prior to the date of hearing, the Applicant must publish a Notice of Hearing, one time in a paper of general circulation in Jackson County, Ohio (Unless it is proven to the Court that publication would jeopardize the Applicant’s personal safety). The Applicant must assure that proof of the publication from the newspaper is filed with the Court before the hearing. The Applicant must establish a reasonable and proper reason for seeking the name change.
Is a new birth certificate issued?
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change, unless the Applicant is not seeking a change in the birth name. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); but, upon request the Bureau will issue a “Certificate of Birth” in the new name with a footnote that recites individual’s name results from a legal name change proceeding. It generally takes the Bureau 90 days to process the name change documentation.
Who should be notified of a name change?
After the name change is approved, the Applicant should promptly give notice that the name has been changed to financial institutions, motor vehicle bureaus, licensing agencies, employer human resources departments, educational institutions, the social security administration, and creditors.
Is an attorney required?
Many persons can complete the name change process without an attorney. An attorney may be helpful in assembling the legal documents necessary to establish the identity of the Applicant who may be involved with a foreign birth and/or adoption.
Deputy Clerks of the Probate Court are prohibited by Ohio law from assisting in the preparation of the required forms.
Once all the necessary documents are filed with the Court, a hearing date will be scheduled. The Applicant must publish a legal notice of the application in a newspaper of general circulation in this county, one time at least thirty (30) days prior to the hearing date. Publication will not be required if the Applicant satisfactorily proves that publication would jeopardize the Applicant’s personal safety.
If the required publication is not completed at least thirty (30) days prior to the hearing, the name change cannot be granted and re-publication will be required at additional cost and delay to the Applicant.
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change, unless the name change is simply restoring the Applicant’s birth name (i.e. following a divorce, dissolution or a spouse’s death) or the Applicant does not want a change to the birth certificate. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); upon request within approximately 90 days following receipt of Judgment Entry, the Bureau will issue a “Certificate of Birth” in the new name and with a footnote observing referencing that the legal name change is on file.
Items necessary to file a Name Change for an Adult:
- Applicant must be a Jackson County resident for at least 60 days prior to filing
- Copy of Driver’s License or Government issued picture ID of the Applicant
- A certified copy of the Applicant’s “book copy” birth certificate containing the city and county of birth, not simply a birth abstract (the “book copy” birth certificate has the additional information required for these proceedings)
- The base court cost deposit paid to the Court is one hundred and four dollars ($104.00), and the publication cost is paid by the Applicant directly to the newspaper in a form acceptable to it
- Documentary proof relating to any changes in the Applicant’s name that have occurred that reflect names different than that appearing on the birth certificate (marriage certificates, divorce decrees, prior name change orders, etc.)
Ohio law permits an adult to apply to the Probate Court for a name change. The filing must be made in person. After the filing of the paperwork the Court will set a hearing date, generally 60 days after the filing. At least thirty (30) days prior to the date of hearing, the Applicant must publish a Notice of Hearing, one time in a paper of general circulation in Jackson County, Ohio (Unless it is proven to the Court that publication would jeopardize the Applicant’s personal safety). The Applicant must assure that proof of the publication from the newspaper is filed with the Court before the hearing. The Applicant must establish a reasonable and proper reason for seeking the name change.
Is a new birth certificate issued?
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change, unless the Applicant is not seeking a change in the birth name. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); but, upon request the Bureau will issue a “Certificate of Birth” in the new name with a footnote that recites individual’s name results from a legal name change proceeding. It generally takes the Bureau 90 days to process the name change documentation.
Who should be notified of a name change?
After the name change is approved, the Applicant should promptly give notice that the name has been changed to financial institutions, motor vehicle bureaus, licensing agencies, employer human resources departments, educational institutions, the social security administration, and creditors.
Is an attorney required?
Many persons can complete the name change process without an attorney. An attorney may be helpful in assembling the legal documents necessary to establish the identity of the Applicant who may be involved with a foreign birth and/or adoption.
Deputy Clerks of the Probate Court are prohibited by Ohio law from assisting in the preparation of the required forms.
An adult parent, legal custodian, legal guardian, or guardian ad litem of a minor desiring a name change for the minor may file an application in the county in which the minor has been a bona fide resident for 60 days prior to the filing.
Once all the necessary documents are filed with the Court and if the court requires a hearing, it shall set the manner, scope, and content of the hearing notice the applicant must serve. The applicant must publish the application in a local newspaper of general circulation in the county in which the Court is located with publication appearing once, at least thirty (30) days prior to the hearing. If the address of either parent is not known and with reasonable diligence cannot be determined, then the name of that parent should be included in the published notice as one of the persons being notified.
If the publication is not completed at least thirty (30) days prior to hearing, the name change cannot be granted and re-publication will be required at additional cost and delay to the applicant.
The applicant for the name change of a minor should obtain the consent of both parents of the minor child. A signed and notarized Consent to Name Change should be obtained and filed by the consenting non-applicant parent(s). If the signed consent is not obtained, notice of the hearing must be given to the non-consenting parent(s). If the address of a parent is unknown, the Court will require the applicant to establish by credible evidence that reasonable diligence to locate the absent parent has been exercised. If the Court determines that reasonable diligence has not been exercised, the case will be continued or dismissed.
The Court will determine whether the name change is reasonable, proper, and in the best interest of the child. When there has been a child support order entered that pertains to the child, the applicant must provide at the final hearing a copy of the recent payment history from the appropriate Child Support Enforcement Agency.
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); however, upon request and within 90 days, the Bureau will issue a “Certificate of Birth” with the new name and bearing a notation that a legal name change is on file.
**Note: For minors born outside Ohio, the Applicant is responsible for providing a copy of the Court’s Judgment Entry to the appropriate birth record’s agency in the state of birth.
Items necessary to file a Name Change for a Minor:
Ohio law permits an adult parent of a minor, a guardian of a minor, or guardian ad litem for a minor to apply to the Probate Court for a name change for the minor by filing an Application with the Court. The filing must be made in person. After the filing of the paperwork, a hearing date will be set by the Court, generally 60 days after the filing. At least 30 days prior to the date of hearing, the Applicant must have published a Notice of Hearing, one time in a paper of general circulation in Jackson County, Ohio. The Applicant must assure that the proof of the publication from the newspaper is filed with the Court before the hearing. Notice of the filing of the application and of the hearing date, place and time must be served upon any living parent of a minor who has not signed and filed a written notarized consent with the Court. The Applicant must have a reasonable and proper reason for seeking the minor’s name change.
What does the court consider when reviewing a name change?
The Court will consider the following factors: (a) the effect of the change on the preservation and development of the child’s relationship with each parent; (b) the identification of the child as part of a family unit; (c) the length of time that the child has used a surname; (d) the preference of the child if the child is of sufficient maturity to express a meaningful preference; (e) whether the child’s surname is different from the surname of the child’s residential parent; (f) the embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent; (g) parental failure to maintain contact with and support of the child; (h) and any other factor relevant to the child’s best interest. The Applicant should be prepared to provide testimony and evidence on these factors at the hearing when either living legal parent has not consented in writing.
Is a new birth certificate issued?
The Court does not issue a new birth certificate.
If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); however, upon request and within 90 days the Bureau will issue a “Certificate of Birth” in the new name and bearing a notation that the individual’s name results from a legal name change proceeding.
Who should be notified of the name change?
After the name change is approved, the Applicant should promptly give notice that the name has been changed to financial institutions, motor vehicle bureaus, licensing agencies, employer human resources departments, educational institutions, the social security administration and other entities to which the minor’s name is relevant for benefit or beneficiary purposes. Doing so while living in the vicinity of the Court facilitates obtaining additional copies of the Judgment Entry, if that is required as part of the notification process.
Must the court approve the name change requested?
The Court has discretion to disapprove the change of name when it determines the change is being sought for purposes of fraud or deception, when it is determined that the change is against public policy, when there is not reasonable and proper cause for the change, or when it is not in the child’s best interest.
Is an attorney acquired?
Many persons complete the name change process without an attorney. However, for those situations in which there are non-consenting living parents, the use of the services of an attorney may facilitate the presentation of testimony and evidence that the Court will need to make the findings that the change is in the best interest of the child. An attorney may also be helpful in assembling the legal documents necessary to establish the identity of the Applicant if there is a foreign birth, adoption, or previous changes of name involving a child or applicant.
Deputy Clerks of the Probate Court are prohibited by Ohio law from assisting in the preparation of the required forms.
Once all the necessary documents are filed with the Court and if the court requires a hearing, it shall set the manner, scope, and content of the hearing notice the applicant must serve. The applicant must publish the application in a local newspaper of general circulation in the county in which the Court is located with publication appearing once, at least thirty (30) days prior to the hearing. If the address of either parent is not known and with reasonable diligence cannot be determined, then the name of that parent should be included in the published notice as one of the persons being notified.
If the publication is not completed at least thirty (30) days prior to hearing, the name change cannot be granted and re-publication will be required at additional cost and delay to the applicant.
The applicant for the name change of a minor should obtain the consent of both parents of the minor child. A signed and notarized Consent to Name Change should be obtained and filed by the consenting non-applicant parent(s). If the signed consent is not obtained, notice of the hearing must be given to the non-consenting parent(s). If the address of a parent is unknown, the Court will require the applicant to establish by credible evidence that reasonable diligence to locate the absent parent has been exercised. If the Court determines that reasonable diligence has not been exercised, the case will be continued or dismissed.
The Court will determine whether the name change is reasonable, proper, and in the best interest of the child. When there has been a child support order entered that pertains to the child, the applicant must provide at the final hearing a copy of the recent payment history from the appropriate Child Support Enforcement Agency.
The Court does not provide new birth certificates. If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); however, upon request and within 90 days, the Bureau will issue a “Certificate of Birth” with the new name and bearing a notation that a legal name change is on file.
**Note: For minors born outside Ohio, the Applicant is responsible for providing a copy of the Court’s Judgment Entry to the appropriate birth record’s agency in the state of birth.
Items necessary to file a Name Change for a Minor:
- The minor whose name is to be changed must have been a Jackson County resident for at least 60 days prior to filing
- Copy of Driver’s License or Government issued picture ID of the Applicant
- A certified copy of the minor’s “book copy” birth certificate, not simply an abstract birth certificate (the “book copy” birth certificate has more detailed information regarding the city and county of birth which is required for these proceedings)
- Base court cost deposit
- If publication is ordered, the publication costs are paid directly to the newspaper publisher
- Proof that the applicant is the duly appointed legal guardian or legal custodian for the minor, or is the minor’s guardian ad litem, if the applicant is not a parent of the minor
- Complete probate forms.
Ohio law permits an adult parent of a minor, a guardian of a minor, or guardian ad litem for a minor to apply to the Probate Court for a name change for the minor by filing an Application with the Court. The filing must be made in person. After the filing of the paperwork, a hearing date will be set by the Court, generally 60 days after the filing. At least 30 days prior to the date of hearing, the Applicant must have published a Notice of Hearing, one time in a paper of general circulation in Jackson County, Ohio. The Applicant must assure that the proof of the publication from the newspaper is filed with the Court before the hearing. Notice of the filing of the application and of the hearing date, place and time must be served upon any living parent of a minor who has not signed and filed a written notarized consent with the Court. The Applicant must have a reasonable and proper reason for seeking the minor’s name change.
What does the court consider when reviewing a name change?
The Court will consider the following factors: (a) the effect of the change on the preservation and development of the child’s relationship with each parent; (b) the identification of the child as part of a family unit; (c) the length of time that the child has used a surname; (d) the preference of the child if the child is of sufficient maturity to express a meaningful preference; (e) whether the child’s surname is different from the surname of the child’s residential parent; (f) the embarrassment, discomfort, or inconvenience that may result when a child bears a surname different from the residential parent; (g) parental failure to maintain contact with and support of the child; (h) and any other factor relevant to the child’s best interest. The Applicant should be prepared to provide testimony and evidence on these factors at the hearing when either living legal parent has not consented in writing.
Is a new birth certificate issued?
The Court does not issue a new birth certificate.
If the birth occurred in Ohio, the Court will forward to the Ohio Bureau of Vital Statistics a copy of the Judgment Entry approving the name change. The Bureau does not issue a new Certificate of Live Birth (commonly referred to as a birth certificate); however, upon request and within 90 days the Bureau will issue a “Certificate of Birth” in the new name and bearing a notation that the individual’s name results from a legal name change proceeding.
Who should be notified of the name change?
After the name change is approved, the Applicant should promptly give notice that the name has been changed to financial institutions, motor vehicle bureaus, licensing agencies, employer human resources departments, educational institutions, the social security administration and other entities to which the minor’s name is relevant for benefit or beneficiary purposes. Doing so while living in the vicinity of the Court facilitates obtaining additional copies of the Judgment Entry, if that is required as part of the notification process.
Must the court approve the name change requested?
The Court has discretion to disapprove the change of name when it determines the change is being sought for purposes of fraud or deception, when it is determined that the change is against public policy, when there is not reasonable and proper cause for the change, or when it is not in the child’s best interest.
Is an attorney acquired?
Many persons complete the name change process without an attorney. However, for those situations in which there are non-consenting living parents, the use of the services of an attorney may facilitate the presentation of testimony and evidence that the Court will need to make the findings that the change is in the best interest of the child. An attorney may also be helpful in assembling the legal documents necessary to establish the identity of the Applicant if there is a foreign birth, adoption, or previous changes of name involving a child or applicant.
Deputy Clerks of the Probate Court are prohibited by Ohio law from assisting in the preparation of the required forms.