Rule 3.613 - Change of Name(A) A petition to change a name must be made on a form approved by the State Court Administrative Office.(B) Published Notice; Contents. Unless otherwise provided in this rule, the court must order publication of the notice of the proceeding to change a name in a newspaper in the county where the action is pending. If the court has waived fees under MCR 2.002, it must pay the cost of any ordered publication, including any affidavit fee charged by the publisher or the publisher's agent for preparing the affidavit pursuant to MCR 2.106(G). Any case record reflecting court payment must be nonpublic. A published notice of a proceeding to change a name must include the name of the petitioner; the current name of the subject of the petition; the proposed name; and the time, date, and place of the hearing. Proof of service must be made as provided by MCR 2.106(G)(1).(C) No Publication of Notice; Confidential Record. Upon receiving a petition establishing good cause, the court must order that no publication of notice of the proceeding take place and that the record of the proceeding be confidential. Good cause includes but is not limited to evidence that publication or availability of a record of the proceeding could place the petitioner or another individual in physical danger or increase the likelihood of such danger, such as evidence that the petitioner or another individual has been the victim of stalking, domestic violence, human trafficking, harassment, or an assaultive crime, or evidence that publication or the availability of a record of the proceeding could place the petitioner or another individual at risk of unlawful retaliation or discrimination. (1) Evidence supporting good cause must include the petitioner's or the endangered individual's sworn statement stating the reason supporting good cause, including but not limited to fear of physical danger, if the record is published or otherwise available. The court must not require proof of an arrest or prosecution to reach a finding of good cause.(2) The court must issue an ex parte order granting or denying a petition requesting nonpublication and confidential record under this subrule.(3) If a petition requesting nonpublication under this subrule is granted, the court must: (a) issue a written order;(b) notify the petitioner of its decision and the time, date, and place of the hearing on the requested name change under subrule (A); and(c) if a minor is the subject of the petition, direct the petitioner to notify the noncustodial parent as provided in subrule (E), except that if the noncustodial parent's address or whereabouts is not known and cannot be ascertained after diligent inquiry, notice to the noncustodial parent that is not directed solely to that parent, such as by publication under subrule (E)(2)(a), must not include the current or proposed name of the minor.(4) If a petition requesting nonpublication under this subrule is denied, the court must issue a written order that states the reasons for denying relief and advises the petitioner of the right to (a) request a hearing regarding the denial,(b) file a notice of dismissal, or(c) proceed with a hearing on the name change petition by submitting a publication of notice of hearing for name change form with the court within 14 days of entry of the order denying the petition requesting nonpublication. If the petitioner submits such form, in accordance with subrule (B) the court must set a time, date, and place of a hearing and order publication.(5) If the petitioner does not request a hearing under subrule (4)(a) within 14 days of entry of the order, the order is final.(6) If the petitioner does not request a hearing under subrule (4)(a) or file a notice of dismissal under subrule (4)(b) within 14 days of entry of the order denying the petition requesting nonpublication, the court may set a time, date, and place of a hearing on the petition for a name change and order publication of notice as provided in subrule (B), and if applicable, subrule (E).(7) A hearing under subrule (4)(a) must be held on the record.(8) The petitioner must attend the hearing under subrule (4)(a). If the petitioner fails to attend the hearing, the court must adjourn and reschedule. If the petitioner fails to attend the rescheduled hearing, the court may adjourn and reschedule, dismiss the petition for name change, or notify the petitioner that it will publish notice of the name change proceeding if the petitioner does not file a notice of dismissal within 14 days from the date of the rescheduled hearing.(9) Following the hearing under subrule (4)(a), the court must provide the reasons for granting or denying a petition requesting nonpublication on the record and enter an appropriate order.(10) If a petition requesting nonpublication under this subrule is denied, and the petitioner or the court proceed with setting a time, date, and place of a hearing on the petition for a name change as provided in subrules (4)(c) or (6), the court must order that the record is no longer confidential.(D) Minor's Signature. A petition for a change of name by a minor need not be signed in the presence of a judge. However, the separate written consent that must be signed by a minor 14 years of age or older shall be signed in the presence of the judge.(E) Notice to Noncustodial Parent. Service on a noncustodial parent of a minor who is the subject of a petition for change of name must be made in the following manner:(1) Address Known. If the noncustodial parent's address or whereabouts is known, that parent must be served with a copy of the petition and a notice of hearing at least 14 days before the hearing in a manner prescribed by MCR 2.107(C).(2) Address Unknown. If the noncustodial parent's address or whereabouts is not known and cannot be ascertained after diligent inquiry, that parent must be served with a notice of hearing by one of the following methods:(a) by publishing in a newspaper and filing a proof of service as provided by MCR 2.106(G)(1). Unless otherwise provided in this rule, the notice must be published one time at least 14 days before the date of the hearing, must include the name of the noncustodial parent and a statement that the result of the hearing may be to bar or affect the noncustodial parent's interest in the matter, and that publication must be in the county where the court is located unless a different county is specified by statute, court rule, or order of the court. A notice published under this subrule need not set out the contents of the petition if it contains the information required under subrule (B). A single publication may be used to notify the general public and the noncustodial parent whose address cannot be ascertained if the notice contains the noncustodial parent's name.(b) upon the petitioner's request, and in the court's discretion, the court may order service by any manner reasonably calculated to give the noncustodial parent actual notice of the proceedings and an opportunity to be heard. The petitioner must specify the proposed method of service and explain how it is reasonably calculated. The request and order under this subrule must be made on a form approved by the State Court Administrative Office. Proof of service must be made as provided by MCR 2.104(A)(2) or (3).(F) Consultation with Minor, Presumption. A child 7 years of age and under is presumed not of sufficient age to be consulted concerning a preference on change of name.(G) Confidential Records. In cases where the court orders that records are to be confidential and that no publication is to take place, records are to be maintained in a sealed envelope marked confidential and placed in a private file. Except as otherwise ordered by the court, only the original petitioner may gain access to confidential files, and no information relating to a confidential record, including whether the record exists, shall be accessible to the general public.Rule 3.613 amended September 23, 2015, effective 1/1/2016. Staff Comment: The amendments of MCR 3.613 provide clarification that distinguish a written consent from a petition for a name change, and reflect the statutory requirement that the written consent be signed by the minor in the presence of the judge; amended March 20, 2019, effective 5/1/2019; amended November 29, 2023, effective 1/1/2024.Staff Comment (ADM File No. 2023-05): The amendment of MCR 3.613 requires a court to pay the costs of publication in a name change proceeding if fees are waived under MCR 2.002 and ensures that any case record reflecting the court payment be made nonpublic.