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 1278d and 1278.5 (for minors)and 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.
Can My Name Change Be Denied Because Someone Objects?
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.
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 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.
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.”
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! Plant Your Flag!