The Family Department handles adoptions, appeals, change of name, guardianships, and all domestic relations matters, i.e., divorce, child support, custody, alimony, and visitation.

If you wish to file a petition, you may refer to the Maryland Annotated Code and Maryland Rules of Procedure. The Family Department receives the papers you prepare which can be served either by the sheriff or a private process server. The summons will be returned to the party filing the case for service unless a request is made for the sheriff to serve the summons. In that case, the summons will be forwarded to the Montgomery County Sheriff’s Office for service with your check made payable to the Sheriff for $30.00 for each summons.

A.  ADOPTIONS

The Adoption Clerk is responsible for handling the filings of Stepparent Adoptions, Foreign Re-adoptions, Agency Adoptions, Independent Adoptions, Surrogate Adoptions, and the Termination of Parental Rights. There are no prepared forms for use in filing. You must refer to the Maryland Rules of Procedures and prepare your documents accordingly. Adoptions are especially assigned to a judge of the Circuit Court bench on a rotating basis. The filing fee for an adoption is $105. Checks are made payable to the Clerk of the Circuit Court.

B.   APPEALS

An appeal is a proceeding in which a Circuit Court case is transferred to a higher court. Appeals are noted from the Circuit Court to the Court of Special Appeals if a defendant in a criminal case or either party in a civil case has reason to believe the judge during the trial committed an error.

Once an appeal is filed with the Appeals Clerk, all necessary papers which consists of the original transcript (to be provided by the person filing the appeal) and the original file are sent to the Court of Special Appeals in a timely manner. The filing fee for an appeal is $110. Checks are made payable to the Clerk of the Circuit Court.

C.   CHANGE OF NAME

If you wish to file for a change of name, you may refer to the Maryland Rules of Procedure 15-901. When you file your Petition for Change of Name you will have a choice to publish the request for change of name in the local newspaper one time or you may ask the judge to have the petition posted in the courthouse for 30 days.

The filing fee for a change of name is $105. Checks are made payable to the Clerk of the Circuit Court. There is a $30 charge to have the petition posted in the courthouse. Checks for the posting are made payable to the Sheriff or the Sheriff’s Office will bill you directly. If you publish the request for change of name in the newspaper, the newspaper will bill you directly for this service.

The total process will take approximately 2 to 2 ½ months from the date you filed the petition to have the final decree signed.

D.   DOMESTIC RELATIONS MATTERS

The Clerk’s Office Family Department has 10 different packets available for the individual without an attorney to file a domestic relations case. You may request any of the packets at the Family Department window on the first floor of the courthouse.

The filing fee for a domestic relations matter is $105. Checks are made payable to the Clerk of the Circuit Court.

E.   CHILD SUPPORT ONLY

If you wish to have the Montgomery County Office of Child Support Enforcement represent you on a child support matter only, you must first visit their office at 50 Monroe Street, Rockville, MD (301)610-4500.

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