How to Change a Minor’s Name After a Dissolution Judgment
Changing a minor’s name after a dissolution judgment can no longer be done in family court. Instead, the process requires filing a separate Name Change Petition as a civil matter and paying a filing fee (currently $435 in most California counties).
Step 1: Prepare the Necessary Documents
To initiate a name change for a minor, you need to submit the following documents:
- Petition for Change of Name (NC-100): The parent should be listed as the Petitioner, not the child. Do not file on behalf of the child.
- Name and Information About the Person Whose Name is to be Changed (NC-110): This attachment provides the child’s current and proposed name, date of birth, and other identifying information.
- Order to Show Cause for Change of Name (NC-120): This form is signed by the judge and sets a hearing date.
- Decree Changing Name (NC-130): This is the proposed order for the judge to sign at the hearing if the name change is granted.
- Birth Certificate: Attach a certified copy. If e-filing, select “Confidential” so it is not publicly accessible.
- Civil Case Cover Sheet (CM-010): Designate as an unlimited civil case. Under “Type of Case,” select Miscellaneous Civil Petition (#43, Other petition). Include a reference to the existing Family Law case number.
Step 2: Obtain Consent or Serve the Other Parent
If both parents consent to the name change, both should sign the Petition. This simplifies the process significantly.
If the other parent does not consent, you must personally serve the other parent with the Petition, Order to Show Cause, and all supporting documents. The non-consenting parent then has the right to file an objection and appear at the hearing to oppose the name change. Use form NC-121 (Proof of Service of Order to Show Cause) to document that service was completed.
Step 3: Publish the Name Change Request
California law generally requires publication of the name change request in a newspaper of “general circulation” in the county where the petition is filed. The notice must be published once per week for four consecutive weeks before the hearing date. You can typically find a list of approved newspapers on your court’s website. The publication fee is typically around $160, and the newspaper will file proof of publication directly with the court.
Note: In certain circumstances (such as domestic violence or safety concerns), you may request that the court waive the publication requirement.
Step 4: Attend the Hearing
On the scheduled hearing date, appear in court with a copy of all filed documents. If no objection has been filed and proof of publication is on file, the hearing is typically brief. The judge will review the petition, confirm that proper procedures were followed, and sign the Decree Changing Name (NC-130) if the name change is in the best interest of the child. If the other parent objects, the judge will hear arguments from both sides before making a decision.
Step 5: After the Name Change is Granted
Once the court signs the decree, obtain certified copies of the signed NC-130 from the court clerk. You will need these to update the child’s records with the Social Security Administration, the Department of Motor Vehicles, schools, health insurance providers, and any other relevant institutions.
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