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In what court must a name change action be filed?
Applications for names change must be filed in and determined by
the Superior Courts. 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.
Who files the name change action? If the person
requesting the name change is under 18 years of age, the action
must be filed by one of the person's parents (if living), or if
both parents are dead, then by the guardian of the person and,
if there is no guardian, then by some near relative or friend of
the person. If the person is an adult, then they sign their
petition requesting the name change.
What is contained in the petition? The petition 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 is
living, name, as far as known to the person proposing the name
change, the near relatives of the person, and their place of
residence. 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.
What happens when the petition is filed? Upon the filing
of the petition for name change, the court shall enter 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.
To what extent is notice required? A copy of the Court's
order to show cause shall be published pursuant to Section 6064
of the Government Code in a newspaper of general circulation
(designated in the Court's order) published in the county. Four
weekly publications shall be sufficient publication of the order
to show cause.
Must a non-consenting parent be notified? Yes. Where a
petition has been filed for a minor and the other parent, if
living, does not join in consent 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. (See also, the Uniform
Parentage Act, Part 3 (commencing with Section 7600) of Division
12 of the Family Code.)
Will there be a court hearing? What will happen? The
application/petition 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 petitioners, objectors, 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.
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