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Name Change California Laws ~

CCP 1275-1279.6

People interested in changing names can look up the Name Change California Laws in the California Code of Civil Procedure at CCP 1275-1279.6. You can read an abridged version below, copied exactly from the non-copyrighted California Legislative Information. This abridged version adopts the sections most often asked about by EZ Name Change customers and website users, and does not show the rest.  This abridged version of the Name Change California Laws is available subject to the terms and conditions for use of this website, and are freely available to anyone wishing to know the most useful and pertinent parts of those laws.  EZ Name Change has inserted “Name Change California Laws, within brackets, to conform to page SEO protocols. With that explaination, these are the abridged Name Change California Laws:

California Code of Civil Procedure – CCP

[About Where to File For Name Change, Name Change California Laws~CCP 1275]

1275. Applications for change of names must be determined by the Superior Courts.

[About What Goes In The Petition, Name Change California Laws~CCP 1276]

1276. (a) All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified in subdivision (e), either (1) by petition signed by the person or, if the person is under 18 years of age, either by one of the person’s parents, or by any guardian of the person, or if both parents are dead and there is no guardian of the person, then by some near relative or friend of the person or (2) as provided in Section 7638 of the Family Code.The petition or pleading shall specify the place of birth and residence of the person, his or her present name, the name proposed, and the reason for the change of name.

(c) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is under 18 years of age and the petition is signed by only one parent, the petition shall specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition shall specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed.

[About What Goes In The Petition, Name Change California Laws cont’d~CCP 1276]

(e) All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court shall be made in the appointing court.(f) If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of his or her parents.

[About Publishing and Serving Notice, Name Change California Laws~CCP 1277]

1277(a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and (e), the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted.

[It}The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing. If the petition seeks to conform the petitioner’s name to the petitioner’s gender identity and no objection is timely filed, the court shall grant the petition without a hearing.

[About Publishing and Serving Notice, Name Change California Laws cont’d~CCP 1277]

(2) A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application. (3) Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient.

(4) If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40.

[About Publishing and Serving Notice, Name Change California Laws cont’d~CCP 1277]

If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent. 

(5) If the petition for a change of name is sought in order to conform the petitioner’s name to the petitioner’s gender identity, the action for a change of name is exempt from the requirement for publication of the order to show cause under this subdivision.

(b) (1) If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner has established that the petitioner is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program.

[About Publishing and Serving Notice, Name Change California Laws cont’d~CCP 1277]

(e) If a guardian files a petition to change the name of the guardian’s minor ward pursuant to Section 1276:(1) The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing.(2) If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.(f).

[About Hearings and Objections, Name Change California Laws~CCP 1278]

1278. (a) (1) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by a person who can, in those objections, show to the court good cause against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court may seem right and proper.

(2) If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted. If the petition seeks to conform the petitioner’s name to the petitioner’s gender identity and no objection is timely filed, the court shall grant the petition without a hearing.

[About 1-Parent Petitions for Minor Child, Name Change California Laws~CCP 1278.5]

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.

[About Criminal History Assessment, Name Change California Laws~CCP 1279.5]

1279.5. (a) Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name.(b) Notwithstanding any other law, no person imprisoned in the state prison and under the jurisdiction of the Director of Corrections shall be allowed to file a petition for change of name pursuant to Section 1276, except as permitted at the discretion of the Director of Corrections.

(c) A court shall deny a petition for a name change pursuant to Section 1276 made by a person who is under the jurisdiction of the Department of Corrections, unless that person’s parole agent or probation officer grants prior written approval. Before granting that approval, the parole agent or probation officer shall determine that the name change will not pose a security risk to the community.

[About Criminal History Assessment, Name Change California Laws cont’d~CCP 1279.5]

(d) Notwithstanding any other law, a court shall deny a petition for a name change pursuant to Section 1276 made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety. If a petition for a name change is granted for an individual required to register as a sex offender, the individual shall, within five working days, notify the chief of police of the city in which he or she is domiciled, or the sheriff of the county if he or she is domiciled in an unincorporated area, and additionally with the chief of police of a campus of a University of California or California State University if he or she is domiciled upon the campus or in any of its facilities.

[About Discrimination Related to Name Change Issues, Name Change California Laws~CCP 1279.6]

1279.6. No person engaged in a trade or business of any kind or in the provision of a service of any kind shall do any of the following:(a) Refuse to do business with a person, or refuse to provide the service to a person, regardless of the person’s marital status, because he or she has chosen to use or regularly uses his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership.(b) Impose, as a condition of doing business with a person, or as a condition of providing the service to a person, a requirement that the person, regardless of his or her marital status, use a name other than his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership, if the person has chosen to use or regularly uses that name.

[Name Change California Laws~CCP 1275-1279.6 Abridged]

You can read the Name Change California Laws in their entirety, within the California Code of Civil Procedure. EZ Name Change Customers have shown interest in the sections printed above, over time. Our Customers have not asked, as often, about the omitted sections of the Name Change California Laws. Upon request, EZ Name Change provides customers with a full copy of the Name Change California Laws. EZ Name Change is not a lawfirm and does not provide legal opinions. Rather, EZ Name Change is a Registered and Bonded Legal Document Assistant and relates to the Name Change California Laws from that perspective. Contact Us Anytime, if you would like us to email you a complete copy of the Name Change California Laws or have other questions.

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