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(a) Petition. Every action for change of name shall be commenced by filing a verified petition entitled in the name of petitioner, showing the name which petitioner desires to adopt and setting forth the reasons for requesting a change of name.
(b) Notice of Application. The court by order shall set a date for hearing not less than 40 days after the date of the order. Notice of the filing of the petition with a statement of the relief sought therein and the date of hearing thereon shall be published in a newspaper designated by the court as being the publication most likely to give appropriate notice under the circumstances. Publication of the notice shall be made once each week for 4 consecutive calendar weeks prior to the date of the hearing. In its discretion, the court by order may also require the posting of the notice at such place or places, in designated communities as may be appropriate. Proof of publication shall be made as prescribed in Rule 4(e)(5). Proof of posting shall be made by affidavit.
(c) Judgment - Notice - Filing. If satisfied that there is no reasonable objection to the assumption of another name by petitioner, the court shall by judgment authorize petitioner to assume such other name after a time to be fixed in the judgment, which shall not be less than 30 days after the date shown in the clerk's certificate of distribution on the judgment. Within 10 days after the date shown in the clerk's certificate of distribution on the judgment, a copy thereof shall be published once in the newspaper designated by the court under the provisions of subdivision (b). The court may also require the posting of a copy of the judgment as provided in subdivision (b). Within 20 days after the date shown in the clerk's certificate of distribution on the judgment, proof of publication and of any posting shall be filed with the clerk. The petitioner may then submit a certificate to be issued by the clerk stating that the judgment has been entered and that all requirements for posting a copy of the judgment have been met.
(d) Applicability. This rule shall not apply to restoration of a prior name sought in a complaint for divorce or in a petition for dissolution of marriage.
(e) Change of Name for Minor Child. An action for change of name for a minor child will be commenced by the filing of a verified petition in the name of a parent or guardian on behalf of the minor child, showing the name which the petitioner desires the child to assume and setting forth the reasons for requesting the change of name. No petition will be heard unless written consent to the petition is filed by both the child's legal parents and the child's legal guardian (if any), or unless proof of service is filed with the court showing that the child's parent(s) and legal guardian(s) have been served with a summons and a copy of the petition at least 30 days prior to the date set for hearing. Service of the petition and summons will be in accord with the provisions of these rules applicable to the service of a complaint and summons. The summons must advise the recipient of the date set for hearing on the petition.
If the court receives an objection to the proposed name change presented by a parent and/or legal guardian of the child prior to or at the time of the hearing on the proposed name change, the court shall consider the objection and shall only grant the name change if the court finds the name change to be in the best interest of the child. The court shall also consider the desires of a child old enough to express the same in determining whether a requested name change will be granted.
The requirements of (b) and (c) of this rule apply to a change of name proceeding brought under this section.
(Amended by SCO 49 effective January 1, 1963; by SCO 56 effective November 1, 1963; by SCO 252(2) effective September 22, 1976; by SCO 542 effective October 1, 1982; by SCO 554 effective April 4, 1983; by SCO 624 effective June 15, 1985; by SCO 671 effective June 15, 1986; and by SCO 999 effective January 15, 1990)
Cross References
(a)*CROSS REFERENCES: AS 09.55.010
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
