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Objecting to a Name Change

Any person may file an objection against the change of another person’s name. 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. Objecting to name change is found in Maryland Rule 15-901(f).

What is an objection? 

What can be a valid reason for an objection? 

When do you need to file the objection?

How do I object?  

 What do you do after you have your affidavit?

 What if either side wants a hearing?

What is an objection?

An objection is a statement that says you are against the name change of a person. You should have a valid reason for being against the name change and be able to describe it in a written statement called an affidavit. If you object, you must file (in court) an affidavit that states the reasons for the objection. You also need to be able to express this reason in court if the other side asks for a hearing.

  • What is an affidavit?  A sworn statement that an authorized person (like a notary public) has signed to indicate that you swore that the information was true. Your signature must be witnessed.

What can be a valid reason for an objection?

When do you need to file the objection?

The notice of the name change will give the deadline for filing an objection. The objection needs to be filed within the time stated in the notice of the name change.

How do I object?

In your affidavit, you must show that you have personal knowledge that the person is changing their name based on fraud or any illegal purpose. You must describe what you observed or how you have knowledge of the illegal activity, and you must be able to prove the illegal activity before the court.

What do you do after you have your affidavit?

Next, you must serve  the affidavit on the person who is trying to change their name. To serve the objection affidavit, you may follow two methods of service. The person who is trying to change their name may file a response to your objection within 15 days of being served with the objection and the affidavit.

What if either side wants a hearing?

If you want a hearing, you should request a hearing in your affidavit. If you are the person trying to change your name, you can request a hearing in your response to the objection of the name change. 

 

Source: Maryland Legal Assistance Network, updated by the Maryland State Law Library (MSLL).

Date last legal review: 5/7/08 (PLL/M.A.J.)

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