OREGON NAME CHANGE: FREQUENTLY ASKED QUESTIONS
(a) Which Court in Oregon Handles Name Change Cases:
Answer:
Name change cases may be determined by the Probate Court. Section 33.410 of the Oregon Statutes provides:
33.410 Jurisdiction; grounds.
Application for change of name of a person may be heard and determined by the probate court or, if the circuit court is not the probate court, the circuit court if its jurisdiction has been extended to include this section pursuant to ORS 3.275 of the county in which the person resides. The change of name shall be granted by the court unless the court finds that the change is not consistent with the public interest.
(b) Is there a notice requirement in Oregon for name change cases?
Answer:
Yes.
Public notice of name change applications is required in virtually all United States jurisdictions. In Oregon, public notice is required by the Oregon Statutes, Section 33.420(1), which states as follows:
(1) Before entering a judgment for a change of name, except as provided in ORS 109.360, the court shall require public notice of the application to be given, that all persons may show cause why the same should not be granted. The court shall also require public notice to be given of the change after the entry of the judgment.
(c) In Oregon name change cases involving minors, do both parents need to be notified?
Answer:
Not always. Section 33.420(2) of the Oregon Statutes states that notice must be given to custodial and non-custodial parents. However, Section 33.420(3) provides that notice need not be given to the non-custodial parent if the parent filing the application for the child the other parent of the child files a verified statement in the change of name proceeding that asserts that the minor child has not resided with the other parent and that the other parent has not contributed or tried to contribute to the support of the child.
(d) What is the legal standard that courts in Oregon use in Deciding Whether to Allow a Child's Name Change?
Answer:
The standard is whether the petitioning party can show that the name change is in the best interest of the subject child.
In a published decision that was entered in IN THE MATTER OF THE MARRIAGE OF TIBBETTS, 183 Or. App. 379 (2002), the Oregon Court of Appeals stated:
In order to change a child's legal name, the moving party bears the burden of establishing that the change of name is in the child's best interest. Aylsworth v. Adams, 85 Or. App. 382, 736 P.2d 225, rev den 303 Or. 700 (1987); Gleason v. Michlitsch, 82 Or. App. 688, 728 P.2d 965 (1986).
(e) Do I Need to Retain an Attorney to Change My Name in Oregon?
Answer:
Most people in Oregon handle their name change applications without retaining an attorney. The forms are straightforward, and unless there are unusual circumstances, easy to file with the Court.
Our Oregon Name Change Forms Kits Are Accepted by Courts in All Oregon Counties.
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