Changing a Child's Name
Basics
To legally change a child’s name, you usually need a court order. You have to file a Petition for a Change of Name. To make this request on behalf of a minor, you must be the child’s parent or legal guardian.
If you are involved in a family law case like parentage, child support, or child custody, and there has not been a final judgment yet, you can ask that the name be changed as part of the judgment on Form FL-250.
If you are not trying to change your child’s name but you just need to correct a typographical error on your child’s birth certificate, click here to learn how to amend the birth certificate.
Change of name process
After you file the Petition for Change of Name, you will get a court date between 6 and 12 weeks away. If you and the child’s other parent filed the paperwork together, then all you have to do before the hearing is publish the Order to Show Cause for Change of Name in a newspaper (we give you the instructions in our how-to guide in below). If only 1 parent is filing, that parent has to let the other parent know about the Petition for Change of Name and the court date for the hearing on the petition. That other parent has the right to oppose the request to change your child’s name.
If your child’s other parent does not agree to changing the child’s name, the judge will make a decision based on the best interest of your child. The judge will listen to everything you and your child’s other parent have to say, look at the facts of the situation, and decide what would be best for your child.
If the court finds that it would be best for your child to change his or her name, then you will get a court decree changing the child’s name. If the court finds that it would NOT be best for your child to change his or her name, then the judge will deny your request.
Once you have your court decree changing your child’s name, you can use it to change the legal name on his or her documentation, including passports and social security cards. You generally need a certified copy of the decree changing name in order to get government-issued identification changed. The court clerk can provide you with a certified copy. You will have to pay a small fee or qualify for a fee waiver.
Also, once you legally change your child’s name through a court order you may want to amend the child’s birth certificate.
Note: If you are a victim of domestic violence and are concerned about keeping your change of name confidential, there are ways for your new name to remain confidential and not appear on the court records. You can register with the Safe at Home program to keep the information confidential. Ask your local domestic violence shelter, victim services unit in the local District Attorney’s Office, or family law facilitator for help. Click for help finding your local domestic violence agency.
How-to Guide to Changing Your Child’s Name
If both parents agree and are filing together to change their child’s name
Follow these steps:
Fill out these forms:
- Petition for Change of Name (Form NC-100), including the Attachment to Petition for Change of Name
(Form NC-110 ). You need 1 attachment for each child whose name you want to change. Both parents must sign each attachment. - Order to Show Cause for Change of Name (Form NC-120).
- Civil Case Cover Sheet (Form CM-010).
Some courts also require you to fill out local forms to ask for a name change. Ask your local court clerk if there are local forms you have to fill out. You may be able to find local court forms on your superior court's website.
If your court’s family law facilitator or self-help center helps people with name change cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
The court will keep the original. One copy will be for you and the other will be for your child's other parent. You will need the third copy to publish it in the newspaper.
File all your forms with the copies in the court in the county where your child lives. The clerk will stamp your forms with “Filed,” keep the original and return the copies to you. The Order to Show Cause will have information on your court date, time, and department number.
You will have to pay a filing fee. Find out how much the filing fee is for a first petition (sometimes called a “first appearance” or “first papers”). If you cannot afford the fee, you can ask for a fee waiver.
In most cases you must publish the Order to Show Cause for Change of Name (Form NC-120) in a newspaper of general circulation once a week for 4 weeks in a row. Your court most likely has a list of newspapers that are approved for publishing legal notices.
The cost for publication can vary greatly between newspapers and your court fee waiver will not waive your publication fees. So it is very important that you check the price of publishing BEFORE you put the name of the newspaper in the Order to Show Cause for Change of Name. This is because once the judge signs the Order to Show Cause for Change of Name you must publish in the newspaper listed on the form. You cannot change the form after it is signed.Go to court on your hearing date and take your proof that the Order to Show Cause was published in the newspaper, along with the Decree Changing Name (Form NC-130) for the judge to sign.
If the judge approves your request for a change of name, the judge will sign the Decree Changing Name
Click for instructions on changing your child's birth certificate after a court order.
If only 1 parent is filing to change his or her child’s name
Follow these steps:
Fill out these forms:
- Petition for Change of Name (Form NC-100), including the Attachment to Petition for Change of Name
(Form NC-110 ). You need 1 attachment for each child whose name you want to change. - Order to Show Cause for Change of Name (Form NC-120).
- Civil Case Cover Sheet (Form CM-010).
Some courts also require you to fill out local forms to ask for a name change. Ask your local court clerk if there are local forms you have to fill out. You may be able to find local court forms on your superior court's website.
If your court’s family law facilitator or self-help center helps people with name change cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
The court will keep the original. One copy will be for you and the other will be for your child's other parent. You will need the third copy to publish it in the newspaper.
File all your forms with the copies in the court in the county where your child lives. The clerk will stamp your forms with “Filed,” keep the original and return the copies to you. The Order to Show Cause will have information on your court date, time, and department number.
You will have to pay a filing fee. Find out how much the filing fee is for a first petition (sometimes called a “first appearance” or “first papers”). If you cannot afford the fee, you can ask for a fee waiver.
Serve your child’s other parent with a copy of the paperwork at least 30 days before the court date. You need someone 18 or older, NOT you, to give the other parent a copy of the filed Petition for Change of Name
The server has to fill out a Proof of Service of Order to Show Cause (Change of Name) (Form NC-121) and give it to you. You have to file this proof of service before your court hearing, or take it to your court hearing (ask your court clerk about any special rules in your county).
- If the other parent lives in California, you must have someone serve him or her in person.
- If the other parent lives outside California, you can serve him or her by certified mail, return receipt requested. But, remember, you can NOT mail the papers yourself.
Click for more information about "serving court papers.”
In most cases you must publish the Order to Show Cause for Change of Name (Form NC-120) in a newspaper of general circulation once a week for 4 weeks in a row. Your court most likely has a list of newspapers that are approved for publishing legal notices.
The cost for publication can vary greatly between newspapers and your court fee waiver will not waive your publication fees. So it is very important that you check the price of publishing BEFORE you put the name of the newspaper in the Order to Show Cause for Change of Name . This is because once the judge signs the Order to Show Cause for Change of Name you must publish in the newspaper listed on the form. You cannot change the form after it is signed.Go to court on your hearing date and take your proof that the Order to Show Cause was published in the newspaper, along with the Decree Changing Name (Form NC-130) for the judge to sign. Make sure you also take the proof of service showing the other parent got a copy of the papers.
If the judge approves your request for a change of name, the judge will sign the Decree Changing Name
Click for instructions on changing your child's birth certificate after a court order.
If you are the child’s guardian and want to change his or her name
Follow these steps:
Fill out these forms:
- Petition for Change of Name (Form NC-100), including the Attachment to Petition for Change of Name
(Form NC-110 ) and Supplemental Attachment to Petition for Change of Name (Declaration of Guardian)(Form NC-110G ). You need 1 attachment and 1 supplemental attachment for each child whose name you want to change. - Order to Show Cause for Change of Name (Form NC-120).
- Civil Case Cover Sheet (Form CM-010).
Some courts also require you to fill out local forms to ask for a name change. Ask your local court clerk if there are local forms you have to fill out. You may be able to find local court forms on your superior court's website.
If your court’s family law facilitator or self-help center helps people with name change cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
The court will keep the original. One copy will be for you. One copy will go to each of the child's parents. You will need the fourth copy to publish it in the newspaper.
File all your forms with the copies in the court in the county where the child lives. The clerk will stamp your forms with “Filed,” keep the original and return the copies to you. The Order to Show Cause will have information on your court date, time, and department number.
You will have to pay a filing fee. Find out how much the filing fee is for a first petition (sometimes called a “first appearance” or “first papers”). If you cannot afford the fee, you can ask for a fee waiver.
Serve both of the child’s parents with a copy of the paperwork at least 30 days before the court date. You need someone 18 or older, NOT you, to give each parent a copy of the filed Petition for Change of Name
The server has to fill out a Proof of Service of Order to Show Cause (Change of Name) (Form NC-121) for each parent and give them to you. You have to file these proofs of service before your court hearing, or take them to your court hearing (ask your court clerk about any special rules in your county).
- If the parents live in California, you must have someone serve them in person.
- If 1 or both parents live outside California, you can serve the out-of-state parent by certified mail, return receipt requested. But, remember, you can NOT mail the papers yourself.
Click for more information about "serving court papers.”
In most cases you must publish the Order to Show Cause for Change of Name (Form NC-120) in a newspaper of general circulation once a week for 4 weeks in a row. Your court most likely has a list of newspapers that are approved for publishing legal notices.
The cost for publication can vary greatly between newspapers and your court fee waiver will not waive your publication fees. So it is very important that you check the price of publishing BEFORE you put the name of the newspaper in the Order to Show Cause for Change of Name . This is because once the judge signs the Order to Show Cause for Change of Name you must publish in the newspaper listed on the form. You cannot change the form after it is signed by the judge.Go to court on your hearing date and take the proof of publication from the newspaper along with the Decree Changing Name (Change of Name of Minor by Guardian) (Form NC-130G) for the judge to sign. Make sure you also take both proofs of service showing the parents each got a copy of the papers.
If the judge approves your request for a change of name, the judge will sign the Decree Changing Name (Change of Name of Minor by Guardian) (Form NC-130G). Once you get your signed decree, get a certified copy from the court clerk. You will need this to change the child’s birth certificate, social security card, and other papers like a passport.
Click for instructions on changing the child's birth certificate after a court order.