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Name Change Denied – Can A Judge Deny a Name Change?

Can My Name Change Be Denied?

Yes. But, almost all Name Change Petitions are approved

Question: What’s the #1 Reason My Name Change Petition Can be Denied?

Answer: Not Starting.

The vast majority of Name Change Petitions in California are approved. A Superior Court Judge will make the decision. The judge will review all your information, the California Name Change laws, and objections, if any. If you’re wondering “Can my name change be denied?”, read on.

Can My Name Change Be Denied Before the Hearing?

The California Name Change Laws give guidelines about a person’s criminal history that can be disqualifying. Keep in mind that your judge will be making the decision. People who are in prison currently might not be able to Petition for Legal Name Change. People who have been convicted and are still under supervision of the Department of Corrections, are on parole, or are required to register as a sex offender might not be allowed to apply without permission in advance. If you have past criminal problems, you might want to read the California Code of Civil Procedure, Section 1279.5, before trying to Petition for Change of Name. If you’re not sure of your standing, talk to a qualified attorney for advice.

Also, Your Petition can be rejected if it’s incomplete or fails to provide information required by the law, the court, or the judge. If you fill out all the Petition forms correctly and properly and supply all the information required by your correct court, that part won’t stop your approval.

Reasons a Judge Will Deny Name Change

Also, Your Petition can be rejected if it’s incomplete or fails to provide information required by the law, the court, or the judge. If you fill out all the Petition forms correctly and properly and supply all the information required by your correct court, that part won’t stop your approval.
If a Name Change is likely to cause harm, confusion, fraud, etc., you may get denied. Don’t do Name Change to try and get away with something, criminally or civilly. That would be a problem.

A Judge will deny a petition to change a child’s name if the Judge believes Granting the Name Change would not be in the best interest of the child. This kind of denial is very rare. When one parent is petitioning and the other parent is objecting, a Judge may well deny the petition unless a family or other court has already determined one parent has sole legal authority. Expect the judge to be looking out for the best interest of the child in any “objection” situation.

Can the DMV Deny My Name Change?

Yes. Unless you have a correctly prepared legal name change document, expect the DMV to refuse to issue you a license in a name besides your current legal name. That’s especially true if you’re trying to get Real ID.

Can Social Security Deny Name Change After Divorce?

Yes. Legal name change can be established by a Certified Copy of a Divorce (or dissolution) Order. A Certified Copy of a California divorce judgment, with your Restored Full Legal Name printed on it and the judge’s signature is a valid name change document. If you have that kind of Certified Divorce Order, you will be able to get a new Social Security Card with your “new” restored legal name printed on it.

Don’t expect Social Security to change your name on your Social Security Card unless you give them a properly prepared Certified Copy of your Divorce Order, showing your current legal name and your restored legal name. Your divorce document isn’t a name change document unless you have a Certified Copy and it’s been prepared and completed as described above.

Can My Name Change Be Denied Because Of An Objection To Name Change?

After you file the Petition and before your hearing, you’re required to advertise the proposed Name Change in a local legal newspaper. That process is required in the Name Change laws at California CCP, Section 1277 and 1278. Any member of the public is allowed to object to your proposed Name Change and your judge will consider objections properly made. If no one files an objection with the court, which is almost always the case, then your judge proceeds with his review and decision on Your Name Change.

Reasons To Object To Name Change

Very few objections are made to Petitions for Change of Name. It’s rare. Of the ones that are made, almost all of them are from a non-consenting parent for the name change of a minor child. A judge may also object, and Deny a Name Change, if the judge thinks the name change might cause harm, injury or public confusion. Unresolved, very significant or recent criminal history might well be a reason a Judge may not allow an adult to change names, even if no other person objects. However, many people with criminal history records are approved for legal name change.

Objection To Minor Child Name Change

If the Name Change is for a child and one parent formally objects, the judge has a harder decision. The California Code of Civil Procedure says at 1278.5: “In any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if living, do not join in consent, the court may deny the petition in whole or in part if it finds that any portion of the proposed name change is not in the best interest of the child.”

Besides Objections Can My Name Change Be Denied?

Yes. But, it’s pretty rare…particularly if you’ve done everything correctly. Almost all Name Change Petitions are approved. But there are a few Petitions that get denied. If your name change has been denied by a judge or you are facing an objection to a name change for yourself or a minor child, please contact us today. We can help!

Can My Name Change Be Denied If I Do Everything Right?

You can’t get a guarantee in advance. However, you’re guaranteed NOT to get a Legal Name Change if you don’t try. You need to properly file a complete Petition for Change of Name in the correct court. A judge will decide whether to sign your Court Order or not. If we help you, you’ll know you’ll have everything done right. If you’re going to be denied, you probably already know why that is.

Most California Name Change Petitions are granted. If you’re still wondering, “can my name change be denied?“, consider that basketballer Ron Artest legally Changed his Name to Metta World Peace! If he could do that, why couldn’t you do this?

When you’re ready to get your Name Legally Changed and want our help, click here and we’ll have your Petition paperwork done properly in no time flat!

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