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Petition for Change of Name (California)

This form petitions the Judicial Council of California for a name change. The form provided here is simply a sample of what the actual Form NC-100 looks like.

NC-100
PETITION FOR CHANGE OF NAME


PETITIONER OR ATTORNEY NAME _________________________________

state bar number _________________________________

address _________________________________

FOR COURT USE ONLY

TELEPHONE NO.: _________________________________

FAX NO. (Optional): _________________________________

E-MAIL ADDRESS (Optional): _________________________________

ATTORNEY FOR (Name): _________________________________


SUPERIOR COURT OF CALIFORNIA, COUNTY OF _________________________________

MAILING ADDRESS: _________________________________

STREET ADDRESS: _________________________________

CITY AND ZIP CODE: _________________________________

BRANCH NAME: _________________________________


PETITION OF (Names of each petitioner): _________________________________

_________________________________

_________________________________

CASE NUMBER: _________________________________

Before you complete this petition, you should read the Instructions for Filing a Petition for Change of Name on the next page. You must answer all questions and check all boxes on this petition that apply to you. You must file this petition in the Superior Court of the county where the person whose name is to be changed resides.

Name of each petitioner: _________________________________

_________________________________

_________________________________

2. Petitioner requests that the court decree the following name changes (list every name that you are seeking to change):

a. Present name _________________________________ changed to

Proposed Name _________________________________


b. Present name _________________________________ changed to

Proposed Name _________________________________


c. Present name _________________________________ changed to

Proposed Name _________________________________


____ Continued (if you are seeking to change additional names, you must prepare a list and attach it to this petition as Attachment 2).

3. Petitioner requests that the court issue an order directing all interested persons to appear and show cause why this petition for change of name of the persons identified in item 2 should not be granted.

4. The number of persons under 18 years of age whose names are to be changed is (specify):

5. If this petition requests the change of name of any person or persons under 18 years, this request is being made by

a. ____ both parents.

b. ____ mother only.

c. ____ father only.

d. ____ near relative (name and relationship): _________________________________

e. ____ guardian (name): _________________________________

f. ____ other (specify): _________________________________

6. For each person whose name is to be changed, petitioner provides the following information (you must attach a separate copy of the attachment Name and Information About the Person Whose Name Is to Be Changed (form NC-110) for each person identified in item 2):

a. The number of attachments included in this petition is (specify number): __________

b-f. (Attachment page or pages)

-----------------------------
INSTRUCTIONS FOR FILLING OUT THIS FORM
-----------------------------

1. Where to File

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.

2. Whose Name May Be Changed

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).

3. What Forms Are Required

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

a. Petition for Change of Name (form NC-100)

b. Name and Information About the Person Whose Name Is to Be Changed (form NC-110) (attach as many copies as necessary)

c. Order to Show Cause for Change of Name (form NC-120)

d. Decree Changing Name (form NC-130 or, for guardians, form NC-130G)

In addition, a guardian must prepare and attach a Declaration of Guardian (form NC-110G) for each child whose name is to be changed.

4. Filing and Filing Fee

Prepare an original Civil Case Cover Sheet (form 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).)

5. Requesting a Court Hearing Date

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

6. Filing the Order to Show Cause

After the hearing date has been included 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.

7. Publishing the Order to Show Cause

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.

8. Name Change for Children

a. If a petitioning parent is requesting the name change for a child under 18 years of age, and one of the parents, if living, does not join in consenting to the name change, the petitioning parent must have a copy of the Order to Show Cause or notice of the time and place of the hearing served on the non-consenting parent. Service must be made at least 30 days prior to the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40.

b. If the non-consenting parent resides in California, the order or notice must be personally served on the non-consenting parent. The petitioning parent cannot personally serve this document.

c. If the non-consenting parent resides outside California, he or she may be served by sending a copy of the order or notice by first-class mail, postage prepaid, return receipt requested.

d. If a petition to change the name of a child has been filed by a guardian, the guardian must (1) provide notice of the hearing to any living parent of the child by personal service at least 30 days before the hearing, or (2) if either or both parents are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less than 30 days before the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40.

If you have served a parent or grandparent, file a copy of the completed Proof of Service of Order to Show Cause (form NC-121) with the court before the hearing.

9. Domestic Violence Confidentiality Program

In cases where the petitioner is a participant in the domestic violence confidentiality program, the petition for name change, the order to show cause published in the newspaper, and the decree should, instead of giving the proposed name, indicate that the name is confidential and on file with the Secretary of State.

10. Court Hearing

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

11. 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

Local courts may supplement these instructions. Check with the court to determine whether supplemental information is available. For instance, the court may provide you with additional written information about which department handles name change petitions, when petitions are heard, and which newspapers may be used to publish the Order to Show Cause.

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