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Changing the Name of an Adult Person:
An adult can petition the court to officially grant a
change of name. It involves filing several forms and following the court’s name change procedures. The result is a court Order recognizing the new name. The court process takes approximately two
months.
Special considerations pertain to adults who are in prison, on parole or sex
offenders. They include:
- If you are in State prison, the court will not hear your petition unless
you have written approval of the Director of Corrections. Whether or not to grant you permission is entirely in the discretion of the Director. [CCP Section 1279.5(b)]
- If you are on parole, the court will not hear your petition without the
written approval of your parole agent or probation officer. By state law, your parole agent or probation officer must determine whether your name change would pose a security risk to the
community. [CCP Section 1279.5(c)]
- If you are a registered sex offender under California Penal Code Section
290, the court will change your name only if the court determines that granting your petition “is in the best interest of justice” and will not adversely affect public safety. If the court grants
your name change, you must notify local authorities of the change within five days [CCP Section 1279.5(d)]
If a woman was divorced in California and did not change her name during that
proceeding, she can later request the family law court to restore her birth or former name at any time after the divorce becomes final.
This is a much simpler process than a formal name change and can be accomplished fairly quickly through the family law court.
Reasons to Petition for Adult’s Name Change:
The court will need an explanation for why an adult desires to change their name. Some of these reasons may include:
- Your present name is inconvenient, hard to spell, unappealing, embarrassing or confusing.
- The proposed name better suits your identity. For example, you have already used the proposed name for an extended period of time.
- The proposed name is an ancestral name.
- The proposed name is your birth name.
- The proposed name is a combination of two family names.
Petitioning the Court to Change the Name of a Minor:
In the case of a minor child, where both parents agree, changing a child’s
name can often be as easy as changing the name of an adult. One or both parents can also petition the court to change the name of their minor child. Where both parents request the change, courts
normally grant the request automatically. When one parent alone petitions to change a child’s name, the other parent must be given proper notice of the proposed name change. If the other parent does
not object or if the absent parent has abandoned the minor child, the court will most likely grant the name change.
If a minor child is being adopted, the minor’s name can be changed through the
adoption proceedings without having to file a separate court action.
Reasons to Petition for Child’s Name Change:
The court will need an explanation for why you are petitioning to change the name of a minor child. Some of these reasons may include:
- You were awarded custody of the child and the natural parent has failed to support the child, does not show parental interest in the
child and has not exercised visitation rights. It is in the minor’s best interest, preventing embarrassment and inconvenience, to have the same surname as the parent with whom the minor resides.
- The minor is mature enough to choose his own name and wishes to be known by the proposed name. The parent petitioning for the name
change consents to and prefers the new proposed name.
- The minor lives with their legal guardian and desires to have the same last name as their guardian to prevent embarrassment and
inconvenience.
Restrictions on your new name:
If
you seek to change your name through a court Petition, the judge can refuse to grant your new name if a substantial reason exists for the denial. Under California law, “substantial reasons” include:
- You may not choose a name for “fraudulent purposes” (meaning you intend
to do something illegal”.
- You may not “interfere with the rights of others which generally means
choosing the name of a famous person with the intent to somehow profit from doing do.
- You may not use a name that would be “intentionally confusing”.
- You may not choose a name that could be considered “fighting words,”
which includes threatening or obscene words, racial slurs or other words likely to incite violence.
Unless the judge is aware of a substantial reason to deny your request for a
change of name, the judge has a duty to approve your name change.
Changing Your Name After Marriage:
Effective January 1, 2010, California law allows each person who obtains a marriage license to decide to change either their middle or last
name, or both names. When you apply for a marriage license, there is a place for you to provide your new middle and/or last name to be used after your get married. For information regarding name
change options under this statute, click here.
Changing Your Name After Divorce:
Sometimes it is difficult to think about changing one's name when there are so many other more pressing issues surrounding the divorce
proceedings. As a result many women decide to continue using their married names, at least for the time being
Resuming a former name can be a significant step for women who have gone through a divorce as it marks a return to a former SELF, and for
many women, this represents a positive step towards recovery and acceptance of the divorce.
California law allows individuals, either through or after divorce proceedings, to request the divorce judge make a formal order
restoring a person’s former or birth name by petitioning to the court. Upon the court granting the request, you will then need to formalize the name change with other entitles such as the Department
of Motor Vehicle, the Social Security office, banks, credit card companies and others.
Changing Your Name Using our Self-Help Services:
Until recently, if you didn’t hire a lawyer to help with
a legal problem, you had two choices - 1) you could try to wade through the legal process on your own or 2) not do anything. Now California law offers consumers an easy way to go through routine
court proceedings using the assistance of a registered Legal Document Assistant. Although we cannot give legal advice or represent you in court, as a registered Legal Document Assistant under
California law, our office can assist you in preparing and processing the required documents for your Name Change proceedings. Our services include providing instructions and legal information
approved or written by an attorney, preparation of all required court paperwork, filing your documents with the court, monitoring the required publication process and scheduling your final court
hearing. We will also provide you with information on how to obtain a new Social Security Card after the name change has been approved by the court. To start your paperwork, just click on the link
below.
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