The process is very different for adults and children, even though they use the same forms most of the time. 4158654200), We'll only use this mobile number to send this link. You can. If you live out of state, you typically file in the county that issued your child's birth certificate. The child subject to the proposed name change may not be under the jurisdiction of the California Department of Correction, in state prison, on parole, or required to register as a sex offender. Getting your Child's Name Change is a very important event for the growing up years. Your California Certified Decree Changing Name is the gold standard worldwide. OTHER COSTS: Serving Notice can cost between $40 and $100, if done by personal service. What Do I Do With the Completed Forms? No Agreement to Name Change: When only one parent or legal guardian agrees to a childs name change, either because the other parent or guardian objects to the name change, or because the other parent cannot be found, the process to change a childs name is more complicated. You can show them a certified copy of NC-130if they need proof. You may qualify for a fee waiver if: The fee waiver will cover court fees, not the fee to publish in the newspaper. Make sure you bring the following forms with you: Bring the letters of guardianship if you are the guardian. Overview. NC-110: Civil Case Cover Sheet : CM-010: Order to Show Cause for Change of Name : NC-120: Proof of Service of Order to Show Cause You can get a Forms company to help you fill out the forms for only between $50 and $150. July 1, 2014] But if you want a unique name to signify your new status, you must follow a different process. I arrived at my scheduled appointment time, and the process was completed in less than 5 minutes. Go to the bank with a form of ID with your childs new name and an NC-130 form. NC-110 Attachment to Petition for Change of Name. Look for those or ask the courthouse filing clerk if they have any local name change forms you need to use). If you have foreign passport authorities to consider, check with them to see exactly what they require. Sign the original in blue ink. 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. In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition 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 . Notify the credit card companies and follow their instructions to change the name. The child subject to the proposed name change may not be under the jurisdiction of the California Department of Correction, in state prison, on parole, or required to register as a sex offender. Minor name change is a process that enables a child to change their name due to adoption, parental separation, or for personal reasons. Some of these reasons include namechanges due to marriage or divorce, changing a minor's name due to adoption, gender or religious reasons, or simply personal preferences. File a petition to change your child's name Once you complete your forms, you need to file them with the court and pay a filing fee. A parent can retake a maiden name in a divorce, but a childs name doesnt change automatically. ]: 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 (e) or (g), either (A) by petition signed by the person or, if the person is under 18 years of age, by one of the persons parents, by any guardian of the person, or as specified in subdivision (e), or, if both parents are deceased and there is no guardian of the person, then by some near relative or friend of the person, or (B) as provided in Section 7638 of the Family Code. In these courts, if no one objects and you followed all steps, you can pick up a signed name change order from the court clerk. For an adult, they can file the name change petition themselves, or they can hire an expert to assist with the process. Your child will need to go too to sign the forms. Whether you were never married, still married, or divorced, all these same rules apply. The purchase and use of these materials are subject to the Full Disclaimer. If the judge approves the Petition for Change of Name, he or she will sign a Decree of Name Change. You will need theOrder to Show Cause(form NC-120) to publish in the newspaper before the court date. Review Guest Terms of Use Create Account or Log in NC-120 Order to Show Cause for Change of Name. Laws and requirements vary by state; here is a list of basic forms: One has to go through the above-mentioned process for a minor name change of the child. Also, fill out: Fill out the forms and submit them to the Superior Court. Name change specialists are experienced who help individuals navigate the complex valid procedures in California, are involved in changing their names, andensure the process is completed accurately. (b) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition 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. One parent, alone, has legal rights to petition for this. It requires a marriage certificate and proper documentation in California. The certified copy can be used to change a childs name on legal documents, including a birth certificate, social security card, passport, drivers license, school records, credit cards, bank accounts, wills, trust, contracts, tax records, power of attorney, and more. 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. The court Certified Copy you need costs $25.50 each, but some courts give one or more to you without charge. California name change forms allow a person above the age of 18 to request a name change. There are several reasons why someone may want to change their name in California. But, you may need additional documentation too. If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and (e), 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. Completed Decree of Name Change formNC-130 for minors and adults, or NC-230 for gender change. That document is a type of court order you get after completing the Petition and Hearing process in Superior Court. Tell your child to use their new social security number and ensure all W-2 forms are in their new name. If you are the only parent making the request, you have to file a petition with the court, let the other parent know about it, and go to a court hearing. Listen to this episode from Pod Save America on Spotify. If they live outside California, they must be served by mail with the return receipt. All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court shall be made in the appointing court. Overall, the Process Of Name Change can take several months, so it's best to plan ahead and start the process well in advance if you have a specific deadline or event in mind. Change of Name (Form NC-110). In the case of changing a child's name, both parents must be aware of the proceedings. A proceeding for a change of name for a witness participating in the state Witness Protection Program established by 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). To start the process, you'll need to fill out a form called the Petition for Change of Name, which you can find on the California Courts website or get from your local court. The Clerk of the Court in the county where the childs name will be changed will have a list of approved newspapers for this purpose. If you're changing your name through the court, you'll need to attend a hearing, which may take a few weeks to schedule. Note: A childs name may not be changed to include numbers, obscenities, symbols, or racial epithets; also, a childs name may not be changed to promote fraud, create confusion, avoid creditors, or conceal the childs location for an unlawful purpose (i.e. If you or your spouse, or both of you, had children before this marriage, then you may want to help your kid(s) to share your family name or your new spouses last name. Theres an unlimited number of reasons why a childs middle name can be changed legally. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all of the following factors apply: The overriding interest supports sealing the record. Once you complete your forms, you need to file them with the court and pay a filing fee. You can. You can use a process server or you can use someone you know. You have not been convicted of certain crimes. The filing clerk will give you a hearing date to where you will get your court order, upon approval. 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 consent, 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. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient. However, your judge has to follow the law (CCP 1277(a)(4) if one parent doesnt consent. No Attorney-Client relationship is created by the use of these materials. The name change filling team in California can help you with your name change petition. materials aresubject to the Terms of Use. Note: A legal guardian has the same rights to change his or her wards (childs) name; however, when a guardian petitions the court to change a childs name there are usually two persons to whom the guardian must give notice about the proposed name change. Once a name is changed, you need to notify a few different government agencies. In United State there are some conditions when you cannot change the name of your child, for example: California , If they did not already have one, then submit the form along with their birth certificate, a certified copy of NC-130, and a form of ID>. (Hint: if you know the other parent will formally object, try and get cooperation or agreement before petitioning). Family name change involves changing the last name of an entire family, typically due to marriage, divorce, or adoption. attempting to conceal the identity of a child from the childs other parent without legal justification). If there are different locations, check your courts website, talk to your Self-Help Center, orfind the closest courtto you where civil cases are filed. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action 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. A minor cannot do it for themselves. In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, 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. HOW TO CHANGE YOUR CHILD'S NAME Fill out and file these court forms to ask the court for a name change for your child: Certificate of Counsel (Local Form RI-C1032) Civil Case Cover Sheet (Form CM-010) Petition for Change of Name (Form NC-100) Attachment to Petition to Change Name (Form NC-110) About California Courts ; Find Your Court; FAQs; Self-Help. Each state has their own rules for birth certificate name changes. did this information help you with your case? If you get a Decree Changing Name (court order), your child can take the nickname instead of the existing legal name, and take the New Legal Name into adulthood. Note: Parents who have had their parental rights terminated in either a juvenile dependency action or a stepparent adoption case do not have the right to object to a parents petition to change the name of a minor child. Filing a Name Change for a Child. There must be no erasures or cross-outs on the form. Step 2: Complete the name change petition forms, sign them in the required spots, and make an extra copy of each page. 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 childs grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40. Review and Research of Name Change Request. 5/5 star rated. For more information on how to legally change a child's name, contact our divorce and family law attorneys today for a free consultation. How Do I Change My Child's Name? When parents and/or guardians agree to change their child's name they may jointly file a petition for child name change. This will tell you the steps, the costs, and enough about the process so you can get started with some confidence.