California Name Change Petition for Minor

STATE OF CALIFORNIA
NAME CHANGE WITH RECOGNITION OF GENDER CHANGE AND NEW BIRTH CERTIFICATE
MINOR PACKET

Control Number – CA-2012-MGC

Prepared by U.S. Legal Forms, Inc.
Copyright 2018 - U.S. Legal Forms, Inc.

This packet contains the following:

1. Instructions;

2. Forms List; and

3. Access to California Law Summary.

I. EXPLANATION OF PETITION FOR CHANGE OF NAME

A. In California, an action for a court ordered Change of Name for a Minor begins with the filing of a Petition in the Superior court. The Petition must contain certain information. The forms in this packet include the necessary information for a Minor Name Change with Recognition of Gender Change and New Birth Certificate in the State of California.

B. You can use this packet if:

► The individual receiving the change of name is less than 18 years of age and have been a resident of the county in which you will file for the required amount of time as reflected in the law summary.

► There is proper and reasonable cause for the requested change of name.

► The name change is not for the purpose of avoiding debts or defrauding creditors.

II. WHAT FORMS ARE INCLUDED

A. Civil Cover Sheet – CA-CM-010

B. Petition for Change of Name

C. Order to Show Cause for Change of Name

-Use if all living parents sign the Petition - CA-NC-125-225

-Use if there is a living parent who does not sign the Petition - CA-NC-520

D. Decree Changing Name – CA-NC-230

III. PROCEDURE FOR CHANGE OF NAME (MINOR) FOR THE STATE OF CALIFORNIA

A. Preliminary Note:

1. The attached forms may be completed by:

a. Printing the forms and completing by hand. Use black ink and print neatly.

b. Printing the forms and completing using a typewriter.

c. By completing the forms on your computer using a word processing program and then printing the forms.

2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change.

3. Print three (3) complete sets of forms.

4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Action/Cause No.” will be assigned by the court clerk at the time of filing.

5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, last name.

6. When a form is filed with the court, request the clerk “file-stamp” one copy of the form for your file.

7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms.

B. Procedure

Step 1: The petition for change of name must be filed in the superior court in the county where the person whose name is to be changed presently lives. The petition may be used to change one's own name and, under certain circumstances, the names of others (e.g., children under 18 years of age).

NOTE: IF ONLY ONE PARENT IS PETITIONING ON BEHALF OF THE MINOR, IT WILL BE NECESSARY TO ARRANGE TO HAVE NOTICE SERVED ON THE NON-PETITIONING PARENT. IF THEIR LOCATION IS KNOWN NC-121 IS USED TO PROVE THE SERVICE OF THE PETITION AND ORDER TO SHOW CAUSE ON THE NON-PETITIONING PARENT.

ANY ADULT CAN SERVE THE ORDER TO SHOW CAUSE EITHER BY PERSONAL SERVICE (HANDING IT TO THE INDIVIDUAL PERSONALLY) OR BY MAIL IF THE NON-PETITIONING PARENT RESIDES OUTSIDE OF CALIFORNIA AND THAT INDIVIDUAL’S ADDRESS IS KNOWN.

IT IS SUGGESTED THAT THE COUNTY SHERIFF’S SERVICES USED WHEN SERVING PERSONALLY THE NON-PETITIONING PARENT IN CALIFORNIA.

Step 2: Prepare an original and two copies of each of the following documents:

a. Petition for Change of Name (CA-NC-500).

b. Order to Show Cause for Change of Name (CA-NC-125-225 or CA-NC-520).

c. Decree Changing Name (CA-NC-230).

Step 3: Prepare an original Civil Case Cover Sheet (CA-CM-010). File the original petition and Civil Case Cover Sheet with the clerk of the court and obtain two filed-endorsed copies of the petition. A filing fee will be charged unless you qualify for a fee waiver. (if you want to apply for a fee waiver, see Application for Waiver of Court Fees and Costs (Form 982(a)(17)); Information Sheet on Waiver of Court Fees and Costs (Form 982(a)(17)(A)); and Order on Application for Waiver of Court Fees and Costs (Form 982(a)(18).)

Step 4: You should request a date for the hearing on the Order to Show Cause at least six weeks in the future.

Step 5: After the hearing date has been added and you have obtained a judge's signature on the Order to Show Cause, file the original order in the clerk's office and obtain filed-endorsed copies of the order.

NOTE: CALIFORNIA STATUTES REQUIRES A HEARING ONLY IN THOSE CASES WHERE THERE ARE OBJECTIONS TO THE NAME CHANGE FILED OR REGISTERED WITH THE COURT. ALSO, THE COURT MAY REQUIRE A HEARING DUE TO THE PARTICULAR INDIVIDUAL FACTS CONTAINED IN YOUR FORMS.

IF EITHER OF THE NATURAL PARENTS ARE NOT JOINING IN THE PETITION TO CHANGE THE NAME OF THE MINOR, THE COURT MAY DENY THE NAME CHANGE IF IT FINDS THAT THE NAME CHANGE IS NOT IN THE INTEREST OF THE MINOR CHILD.

AS A GENERAL RULE, IF THERE ARE NO OBJECTIONS, THE ORDER WILL BE SIGNED BY THE COURT. YOU WILL BE ADVISED WHETHER A HEARING IS NECESSARY BY THE CLERK OF THE COURT.

Step 6: A copy of the Order to Show Cause must be published in a local newspaper of general circulation once a week for at least four consecutive weeks before the date of the hearing on the name change petition.

The petitioner selects the newspaper from among those newspapers legally qualified to publish orders and notices. The newspaper used must file a Proof of Publication with the superior court before the hearing. If no newspaper of general circulation is published in the county, the court may order the Order to Show Cause to be posted by the clerk.

Step 7: Bring copies of all documents to the hearing. If the judge grants the name change petition, the judge will sign the original decree.

Step 8: After the decree is signed, you should obtain at least two certified copies of the decree from the clerk's office. The clerk will charge a fee for the certification.

Step 9: If you want to amend a birth certificate to show the name change, you should contact the following office:

Department of Health Services

Office of Vital Records

304 "S" Street

Sacramento, CA 95814

NOTE ABOUT COMPLETING THE FORMS

The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand.

If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible.

The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields.

If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks. After you make the changes relock the document before you being to complete the fields.

After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If problems, please let us know.

FORMS EXPLANATION PAGE

All forms included in this package, or needed, are identified below.

1. Civil Cover Sheet and Addendum (CA-CM-010) - The document in which you are informing the court of the nature of the case.

2. Petition For Change of Name (CA-NC-500) - The document in which you are asking the court to grant your name change along with any other relief requested.

3. Order To Show Cause For Change of Name (CA-NC-125-225 OR CA-NC-520) - This document provides all persons interested a hearing date to appear and present evidence as to why a name change should not be granted.

4. Decree Changing Name (CA-NC-230) - This document grants the name change and any other relief requested.

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of California. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Civil Cover Sheet / Petition Packet Information

Form fields represented below as sample inputs to reflect the packet structure.

Court Name:

Petitioner Name:

Action/Cause No.:

Minor's Current Name:

Requested New Name:

Effective Date:

County of Residence:

Birth Certificate Amendment Requested:

Supporting Statement:

Additional Notes: