Chapter 1
Methods for Changing Your Name

How to Change an Adult’s Name............................................................... 4

Usage Method................................................................................... 4

Going to Court................................................................................... 5

How to Change a Child’s Name................................................................. 6

A Court Petition to Change a Child’s Name.......................................... 7

Changing a Child’s Name as Part of an Adoption................................ 7

Changing the Name on a Birth Certificate............................................ 7

California offers its residents several relatively easy ways to change their names. This chapter gives you some background and explains the different methods.

No matter what method you use, after you officially change your name in California your new name will be valid everywhere. That’s because the U.S. Constitution guarantees that the legal procedures of one state must be recognized by all.

How to Change an Adult’s Name

In California, adults have always had the right to use the first, middle, and last names of their choice. The available and effective methods for changing an adult’s name are:

•  court petition (filing a name change petition in court), and

•  other court order (obtaining a name change as part of another court proceeding, such as an adoption, divorce, or U.S. citizenship proceeding).

In years past, Californians could also change their name simply by using a different one consistently for a period of years. After explaining just below why this approach is no longer viable, we’ll turn to the more effective ways of changing your name.

Usage Method

In theory, you have the legal right to change your name by the so-called “usage method,” just by using your new name consistently for a period of time. Some years ago, this book wholeheartedly recommended the usage method. No question, in the past it was a great way to change your name because it involved nothing more complicated than consistently using your new name.

But today there is a strong trend to require official proof of name changes. Governmental regulations, created to combat modern types of fraud such as identity theft, are quickly making it more difficult to have a new name accepted without official documentation. No longer can you just walk into government offices, tell the clerk you’ve changed your name, and have your name changed in the records. This is especially true since the terrorist attacks of September 11, 2001.

For these reasons, we strongly recommend that you change your name by going to court, where you will receive a court order that serves as proof of your new name. We no longer discuss the usage method in this book, because we feel strongly that it is not a good option for changing your name.

caution

Going to Court

Petitioning the superior court to grant an official change of name is now the most widely accepted way to accomplish this task. It involves filing several forms with the court and following the other steps in the court’s name change process, including publishing notice of your name change request. The result is a court order (decree) recognizing your new name. Fortunately, the forms you’ll need to fill out are straightforward and the court procedures are streamlined. This book will walk you through the process, step by step. Unless you qualify to include a name change in another court proceeding, such as a divorce or an adoption, we recommend the court petition as the best way to change your name.

Under the court petition method, you will ask your local court to issue a decree officially changing your name. This is a common and simple procedure. California law requires judges to issue adult name change decrees upon request, unless there is an important reason not to do so. Therefore, the law is very strongly on your side. Unless someone objects to your name change, it is likely the court will issue your name change decree without a hearing. (See Chapter 3.)

To use the court petition method, read this book and follow its instructions to complete the required court forms. You can use preprinted forms issued by the California Judicial Council that are contained in this book and available online. In the few relatively rare instances where additional forms are needed, we show you how to create them.

Court filing fees for a name change petition are generally between about $250 and $350. The court may waive your fees if you have a low income. (Chapter 8 has instructions about how to prepare and submit the necessary paperwork for a fee waiver.) If you hire an attorney, expect to spend upwards of $500 or more, plus filing fees, to complete the procedure. By following the instructions in this book, you can easily and successfully do the job yourself. Or, if preparing the necessary forms is too much of a hassle, you may want to hire a reasonably inexpensive nonlawyer legal document preparation service to help with the paperwork, either online or in person. (See Chapter 11 for more on how this works.)

After your papers are filled out and filed with the court, you will be required to publish a notice in a newspaper stating that you are changing your name. The newspaper will normally charge a fee of between $40 and $200, depending on the area you live in and the newspaper you choose. Once you’ve done this, the process is nearly complete. Unless someone objects to your name change (this is very rare), the court will likely approve your petition without your needing to attend a court hearing. Occasionally, a brief appearance before a judge is required. Either way, you can easily handle the procedure on your own following the instructions in this book.

Filing and guiding your petition through court will take a bit of time and effort. However, the court petition process is not as daunting as it may seem.

There may be another avenue available to you for changing your name. Although it still involves accomplishing a court-ordered name change, a person obtaining a divorce or annulment in California can simply ask the judge who handles the divorce to officially restore a birth or former name in the court’s decree. By California law, the judge must do so upon request, even if the petitioner did not include the request in the original divorce or annulment petition. (Cal. Fam. Code §§ 2080, 2081.)

A person who is divorced in California and who did not ask for a name change during that proceeding can also ask the divorce court to restore a birth or former name at any time after the divorce becomes final. All you have to do is file a one-page form with the same court that took care of your divorce. If you are divorcing or were divorced in California and want to return to a former name, we strongly recommend this procedure, which is cheaper and more conve­nient than other available methods. (See Chapter 4.)

Finally, if you are a permanent resident in the process of applying for citizenship, you can change your name without filing a separate petition. When you fill out the Application for Naturalization (N-400), simply enter your desired new name in Part 1, Section D of the form. Assuming you are approved for citizenship, your new name will be official after the swearing-in ceremony. (However, this option is not available in jurisdictions where the swearing-in ceremony is conducted by an immigration official rather than by a judge.)

How to Change a Child’s Name

Where both parents agree, changing a child’s name can be as easy as changing an adult’s name. However, if the parents are at odds over whether to change a child’s name, it can be difficult or even impossible. There are three possible ways to change a child’s name. These are:

•  Court petition. Petitioning a court is the most common method for changing a child’s name. This process, which is fully explained in this book, is much the same as that for an adult applicant unless one parent objects, in which case a court fight may occur.

•  Adoption. Changing a child’s name during an adoption or other court procedure works well, but is available only if you happen to be participating in the related proceeding.

•  Birth certificate. A child’s name on a birth certificate can be changed only in very limited circumstances, as discussed in detail in Chapter 5.

A Court Petition to Change a Child’s Name

Both parents or one parent alone can file a name change petition on behalf of a child. Where both parents request the change, courts normally grant the request automatically. A child’s court-appointed legal guardian (a grandparent, for example) can also file the petition. If the child has no court-appointed guardian, an adult relative or close friend can file the petition. Chapter 6 describes the court process in detail (for adults and children) and also contains a special section on changing a child’s name when you are a legal guardian.

When one parent alone petitions to change a child’s name, state law requires that the other parent be given advance notice of the proposed name change. The court will require the petitioning parent to “serve” the court papers on the other parent or to provide an explanation of why this is not possible. (This is covered in detail in Chapter 8.) If the other parent agrees to the name change in writing or doesn’t respond at all, chances are good the court will approve it.

If the other parent objects to the child’s name change, the court will grant the petition only if the court is persuaded that it is “in the best interests of the child.” (Cal. Civ. Proc. Code § 1278.5.) In order to determine which name is in the child’s best interests, the court will hold a hearing and allow each parent to state an argument. If the child is old enough, the court may choose to interview the child. (For more on the “best interests” standard, see Chapter 6.)

Changing a Child’s Name as Part of an Adoption

As with an adult, a court can include a child’s name change in another ongoing proceeding. For example, adopting parents often request that their adopted child’s name be changed as part of the adoption order. If for some reason the court fails to change an adopted child’s name, the adoptive parents may file a petition on their adopted child’s behalf. In this case, the parents will use the general court petition process, and they can follow the instructions in chapters 6, 8, and 9.

Changing the Name on a Birth Certificate

In certain very limited circumstances, including typographic errors and incomplete parental information, a child’s birth certificate can be changed or amended to reflect a different name. If you are able to change a child’s name on the birth certificate, the child’s name is officially changed and you don’t need to go to court. Chapter 5 describes the circumstances in which the state will allow a new birth certificate to be issued or an existing certificate to be amended.  l