California Name Change Instructions and Forms Package for a Minor
California Name Change
Statutes
Code of Civil Procedure.
Part 3. Of Special Proceedings of a Civil
Nature.
Title 8. Change
of Names.
Applications for change of names must be determined by the Superior Courts.
Cal. Civ. Proc. Code § 1275 (2004)
(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)
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.
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.
(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.
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 (commencing 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)
(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)
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)
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)
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)
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