California Name Change Instructions and Forms Package for a Family
Note: This summary is not intended to be an all-inclusive
discussion of the law applicable to an action for change of name in California,
but does include basic and other provisions.
Name Change Action Allowed: In
California, a person may change their name by filing an action in the Superior
Court with appropriate forms.
Who is an adult? A person who
has attained the age of 18 years is considered an adult.
Who is a minor? A person who has
not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed
to change his or her name? Yes. The court must find
that the requested name change is consistent with the public interest.
A person is not allowed to change their name in order to avoid judgments
or legal actions against him or her, or to avoid debts and obligations.
A person can not change their name to defraud any person.
Requirements for Name Change Order:
For an order of name change to be granted, the court must finds sufficient
reasons for the change and also find it consistent with the public interest.
A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be provided notice of the Petition? The
General Public by way of publication of an Order to Show Cause reciting
the details of the Petition for Name Change. This is published once
a week for four successive weeks a newspaper of general circulation designated
in the Order to Show Cause issued by the Court.
Can individuals "object" to my Petition for Name
Change? Yes. Any reasonable objections made to the
court may influence the court's findings as to whether the change of name
is consistent with the public interest.
Procedures: The name change process
begins with the filing of a Petition for Name Change in the Superior Court
where the Petitioner resides. The court will then issue an Order
to Show Cause re Name Change which will recite the particulars of the Petition.
The Order to Show Cause will direct all persons interested in the name
change to appear before the court at a time and place specified to show
cause why the name change petition should not be granted. This Order
to Show Cause will then be published once a week for four weeks in a newspaper
designated within the Order to Show Cause.
If there are no objections filed with the court, the court may,
without conducting a hearing, enter the Order Granting Change of Name.
If objections are rceived the court will conduct a hearing at the scheduled
time and the court may inquire of all interested parties. Thereafter
the court may enter whatever order it deems just and proper. The
court can grant or dismiss the Petition. Once the Order granting
the Petition is signed the Petitioner is free to assume the new name.
Statutes:
[California Code of Civil Procedure, Part 3 - Of Special Proceedings
of a Civil Nature, Title 8 - Change of Names, Section ]
Section 1275
Applications for change
of names must be determined by the Superior Courts. Cal. Civ. Proc. Code
§ 1275 (2004)
Section 1276
(a) All applications
for change of names shall be made to the superior court of the county where
the person whose name is proposed to be changed resides, except as specified
in subdivision (c), either (1) by petition signed by the person or, if
the person is under 18 years of age, either by one of the person's parents,
or by any guardian of the person, or if both parents are dead and there
is no guardian of the person, then by some near relative or friend of the
person or (2) as provided in Section 7638 of the Family Code.
The petition or pleading
shall specify the place of birth and residence of the person, his or her
present name, the name proposed, and the reason for the change of name,
and shall, if neither parent of the person has signed the petition, name,
as far as known to the person proposing the name change, the parents of
the person and their place of residence, if living, or if neither parent
is living, near relatives of the person, and their place of residence.
(b) In an action for
a change of name commenced by the filing of a petition:
(1) If the person whose
name is proposed to be changed is under 18 years of age and the petition
is signed by only one parent, the petition shall specify the address, if
known, of the other parent if living. If the petition is signed by a guardian,
the petition shall specify the name and address, if known, of the parent
or parents, if living, or the grandparents, if the addresses of both parents
are unknown or if both parents are deceased, of the person whose name is
proposed to be changed.
(2) If the person whose
name is proposed to be changed is 12 years of age or over, has been relinquished
to an adoption agency by his or her parent or parents, and has not been
legally adopted, the petition shall be signed by the person and the adoption agency
to which the person was relinquished. The near relatives of the person
and their place of residence shall not be included in the petition unless
they are known to the person whose name is proposed to be changed. Cal.
Civ. Proc. Code § 1276 (2004)
(c) All applications
for the change of name of a minor submitted by a guardian appointed by
the juvenile court or the probate court shall be made in the appointing
court.
(d) If the petition is
singed by a guardian, the petition shall specify relevant information regarding
the guardianship, the likelihood that the child will remain under the guardian's
care until the shild reaches the age of majority and information suggesting
that the child will not likely be returned to the custody of his or her
parents.
Section 1277
(a) Where an action for
a change of name is commenced by the filing of a petition, except as provided
in subdivisions (b) and (c), the court shall thereupon make an order reciting
the filing of the petition, the name of the person by whom it is filed
and the name proposed, and directing all persons interested in the matter
to appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making the
order, to show cause why the application for change of name should not
be granted. A copy of the order to show cause shall be published pursuant
to Section 6064 of the Government Code in a newspaper of general circulation
to be designated in the order published in the county. If no newspaper
of general circulation is published in the county, a copy of the order
to show cause shall be posted by the clerk of the court in three of the
most public places in the county in which the court is located, for a like
period.
Proof shall be made to
the satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
Four weekly publications
shall be sufficient publication of the order to show cause. If the order
is published in a daily newspaper, publication once a week for four successive
weeks shall be sufficient.
Where a petition has
been filed for a minor by a parent and the other parent, if living, does
not join in consenting thereto, the petitioner shall cause, not less than
30 days prior to the hearing, to be served notice of the time and place
of the hearing or a copy of the order to show cause on the other parent
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(b) Where the petition
for a cahnge of name alleges that the reason for the petition is to avoid
domestic violence, as defined in Section 6211 of the Family Code, or stalking,
as defined in Section 646.9 of the Penal Code, and the petitioner is a
participant in the address confidentiality program created pursuant to
Chapter 3.1 (commecing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy published
pursuant to subdivision (a) shall, in lieu of reciting the proposed name
indicate that the proposed name is confidential and will be on file with
the Secretary of State pursuant to the provisions of the address confidentiality
program.
(c) An action for a change
of name for a witness participating in the state Witness Protection Program
establised iby Title 7.5 (commencing with Section 14020) of Part 4
of the Penal Code who has been approved for the change of name by the program
is exempt from the requirement for publication of the order to show cause
under subdivision (a).
(d) Where application
for change of name is brought as part of an action under the Uniform Parentage
Act (Part 3(commencing with Section 7600) of Division 12 of the Family
Code), whether as part of a petition or cross-complaint or as a seperate
order to show cause in a pending action thereunder, service of the application
shall be made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Articel 3 (commencing
with Sections 415.10) of Cahpter 4 of Title 5 of Part 2. Upon the
setting of a hearing in the issue, notice of the hearing shall be given
to all parties in a like manner and within the time limits prescribed generally
for the type of hearing (whether trial or order to show cause) at which
the issue of the change of name is to be decided.
(e) Where a guardian
files a petition to cahnge the name of his or her minor ward pursuant to
Section 1276:
(1) The guardian shall
provide notice of the hearing to any living parent of the minor by personal
service least 30 days prior to the hearing.
(2) If either or both
parents are deceased or cannot be located, the guardian shall cause, not
less than 30 days prior to the hearing, to be served a notice of the time
and place of the hearing or a copy of the order to show cause on the child's
grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or
415.40. Cal. Civ. Proc. Code § 1277 (2004)
Section 1278
(a) Except as provided
in subdivisions (c) and (d), the application shall be heard at the time
designated by the court, only if objections are filed by any person who
can, in those objections, show to the court good reason against the change
of name. At the hearing, the court may examine on oath any of the
pertitioners remonstrants, or other persons, touching the application,
and may make an order changing the name, or dismissing the application,
as to the court may seem right and proper.
If no objection is filed the court may, without hearing, enter
the order that the change of name is granted.
(b) Where the provisions
of subdivision (b) of Section 1277 apply, the court shall not disclose
the proposed name unless the court finds by clear and convincing evidence
that the allegations of domestic violence or stalking in the petition are
false.
(c) Where the application
for a change of name is brought as part of an action under the Uniform
Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of
the Family Code), the hearing on the issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing is
conducted upon an order to show cause or upon trial.
(d) Where the application for a change of name is filed by a guardian
on behalf of a minor ward, the court shall first find that the ward is
likely to remian in the guardian's care until the age of majority
and that the ward is not likely to to be returned to thecustody of his
or her parents. Upon making such findings, the court shall consider
the petition and may grant the petition only if it finds that the proposed
name change is in the best interest of the child.
Cal. Civ. Proc. Code § 1278 (2004)
Section 1278.5
In any proceeding pursuant
to this title in which a petition has been filed to change the name
of a minor, and both parents, if living, do not join in consenting thereto,
the court may deny the petition in whole or in part if it finds that any
portion of the proposed name change is not in the best interest of the
child. Cal. Civ. Proc. Code § 1278.5 (2004)
Section 1279
A certified copy of the
decree of the court, changing the name of a person, shall within 30 days
from the date of the decree, be filed in the office of the county clerk
in the county in which the person lives. Cal. Civ. Proc. Code § 1279
(2004)
(a) Except as provided
in subdivision (b), (c), (d), or (e), nothing in this title shall be construed
to abrogate the common law right of any person to change his or her name.
(b) Notwithstanding any
other law, no person imprisoned in the state prison and under the jurisdiction
of the Director of Corrections shall be allowed to file an application
for change of name pursuant to Section 1276, except as permitted at the
discretion of the Director of Corrections.
(c) A court shall deny
an application for a name change pursuant to Section 1276 made by a person
who is under the jurisdiction of the Department of Corrections, unless
that person's parole agent or probation officer grants prior written approval.
Before granting that approval the parole agent or probation officer shall
determine that the name change will not pose a security risk to the community.
(d) Notwithstanding any
other law, a court shall deny an application for a name change pursuant
to Section 1276 made by a person who is required to register as a sex offender
under Section 290 of the Penal Code, unless the court determines that it
is in the best interest of justice to grant the application and that doing
so will not adversely affect the public safety. If an application
for a name change is granted for an individual required to register as
a sex offender, the individual shall, within five working days, notify
the chief of police of the city in which he or she is domiciled, or the
sheriff of the county if he or she is domiciled in an unincorporated area,
and additionally, with the chief of police of a campus of a University
of California or California State University if he or she is domiciled upon the campus or in any of its facilities.
(e) For the purpose of
this section, the court shall use the California Law Enforcement Telecommunications
System (CLETS) and Criminal Justice Information System (CJIS) to determine
whether or not an applicant for a name change is under the jurisdiction of
the Department of Corrections or is required to register as a sex offender
pursuant to Section 290 of the Penal Code. Each person applying for
a name change shall declare under penalty of perjury that he or she is
not under the jurisdiction of the Department of
Corrections or is required to register as a sex offender pursuant to Section
290 of the Penal Code. If a court is not equipped with CLETS or CJIS,
the clerk of the court shall contact an appropriate local law enforcement
agency which shall determine whether or not the applicant is under the
jurisdiction of the Department of Corrections or is required to register
as a sex offender pursuant to Section 290 of the Penal Code.
Cal. Civ. Proc. Code § 1279.5 (2004)
Section 1279.6
No person engaged in
a trade or business of any kind or in the provision of a service of any
kind shall do any of the following:
(a) Refuse to do business
with a woman, or refuse to provide the service to a woman, regardless of
her marital status, because she has chosen to use or regularly uses her
birth name or former name.
(b) Impose, as a condition
of doing business with a woman, or as a condition of providing the service
to a woman, a requirement that the woman, regardless of her marital status,
use a name other than her birth name or former name if she has chosen to
use or regularly uses her birth name or former name.
Cal. Civ. Proc. Code § 1279.6 (2004)
