David L. Weissman - Sac. Cnty LDA Reg.#2019-01

LEGAL NAME CHANGE – ADULTS and CHILDREN

free consultation

LegalDoc-Prep can help with all stages of legal name changes

ADULT

An adult can petition the court to officially grant a change of name. It involves filing the required forms, publishing the court date and filing the decree of name change. The result is a court order recognizing the new name.

Note: You will be required to publish your OSC request/notice of hearing in an “adjucated” newspaper or online publication whose distribution covers the area in the county of where the petitioner resides which the There are costs associated with publishing the Order to Show Cause for Name Change. The fee to advertise in a newspaper varies greatly depending on the publisher, the State it is required to be published in etc… usually, a reasonable fee is charged, however searching several different adjucated papers can save some money.

It is all also possible to certify decrees of name changes and petition the Department of Vital Statistics to re-issue an amended birth certificate with petitioner’s new name.

CHILDREN

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 petition the court to change the name of their minor child. When one parent alone petitions to change a child’s name the other parent must be given proper notice of the proposed name change.

Additionally, if only one parent is petitioning, and depending on the circumstances, such as whether the non-petitioning parent’s parental rights are still intact or have been terminated, you may need additional forms .

Note: You will be required to publish your request/notice of hearing in an “adjucated” newspaper or online publication whose distribution covers the area in which the last know area the other parent resided (child’s name change) There are costs associated with publishing the Order to Show Cause for Name Change. The fee to advertise in a newspaper varies greatly depending on the publisher, the State it is required to be published in etc… usually a reasonable fee is charged, however searching several different adjucated papers can save some money.

CHILDREN-WHEN ONE PARENT DOES NOT CONSENT

If a petitioner is requesting the name change for a child under 18 years of age, and the parent(s) are living but do not join in consenting to the name change, the petitioner must have a copy of the Order to Show Cause served on the parent who has not consented or joined in the Petition. Service must be made at least 30 days prior to the hearing.

If the non-consenting parent is residing in California, the Order to Show Cause must be personally served (petitioner cannot serve this document). If the non- consenting parent resides outside California, the Order to Show Cause may be served by sending a copy of the Order or notice by first class-mail, postage prepaid, return receipt requested (petitioner cannot send the document). Mail service outside California must be made at least 40 calendar days prior to the hearing. Out of Country mail service (if permitted by the court) must be made at least 50 calendar days prior to the hearing.

If the petition is being served by a guardian, and one or both parents are deceased or cannot be located, serve notice of the hearing on the child’s grandparents, if living.

We are available for all your legal document needs

LegalDoc-Prep (LD-P) is not a law office and cannot represent you in court. We provide document preparation services at your specific direction and pursuant to; Business & Professional Code Sec. 6400. Services provided by (LD-P) are not a substitute for the advice of a lawyer. If you require legal advice contact an attorney; Sacramento Cnty Lawyer Referral at: www.calbar.ca.gov.

All information and contents found within this website has been derived from approved and sanctioned literature found on the California Association of Legal Document Assistants website. For more information please visit Calda.org.