Free NC-100.v2 022207.ofm - California

NC-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PETITION OF (Name of each petitioner):

PETITION FOR CHANGE OF NAME

CASE NUMBER:

Before you complete this petition, you should read the Instructions for Filing a Petition for Change of Name on the next page. You must answer all questions and check all boxes on this petition that apply to you. You must file this petition in the superior court of the county where the person whose name is to be changed resides.

1. Petitioner (name):

resides in this county.

2. Petitioner requests that the court decree the following name changes (list every name that you are seeking to change): Present name a. b. c. d. changed to changed to changed to changed to Continued (if you are seeking to change additional names, you must prepare a list and attach it to this petition as Attachment 2). 3. Petitioner requests that the court issue an order directing all interested persons to appear and show cause why this petition for change of name of the persons identified in item 2 should not be granted. 4. The number of persons under 18 years of age whose names are to be changed is (specify): 5. If this petition requests the change of name of any person or persons under 18 years, this request is being made by a. b. c. d. e. f. both parents. mother only. father only. near relative (name and relationship): guardian (name): other (specify): Proposed name

6. For each person whose name is to be changed, petitioner provides the following information (you must attach a completed copy of the attachment Name and Information About the Person Whose Name Is to Be Changed (form NC-110) for each person identified in item 2): a. The number of attachments included in this petition is (specify number):

b­f. (Attachment page or pages)

(Instructions on next page)
Form Adopted for Mandatory Use Judicial Council of California NC-100 [Rev. July 1, 2007]

PETITION FOR CHANGE OF NAME
(Change of Name)

Code of Civil Procedure, § 1275 et seq. www.courtinfo.ca.gov

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Where to File The petition for change of name must be filed in the superior court of the county where the person whose name is to be changed presently lives. Whose Name May Be Changed The petition may be used to change one's own name and, under certain circumstances, the names of others (e.g., children under 18 years of age). What Forms Are Required Prepare an original and two copies of each of the following documents: a. Petition for Change of Name (form NC-100) b. Name and Information About the Person Whose Name Is to Be Changed (Attachment to Petition) (form NC-110) (attach as many copies as necessary) c. Order to Show Cause for Change of Name (form NC-120) d. Decree Changing Name (form NC-130 or, for guardians, form NC-130G) In addition, a guardian must prepare and attach a Declaration of Guardian (Supplemental Attachment to Petition) (form NC-110G) for each child whose name is to be changed. Filing and Filing Fee Prepare an original Civil Case Cover Sheet (form CM-010). File the original petition and Civil Case Cover Sheet with the clerk of the court and obtain two filed-endorsed copies of the petition. A filing fee will be charged unless you qualify for a fee waiver. (If you want to apply for a fee waiver, see Application for Waiver of Court Fees and Costs (form FW-001); Information Sheet on Waiver of Court Fees and Costs (form FW-001-INFO); and Order on Application for Waiver of Court Fees and Costs (form FW-003.) Requesting a Court Hearing Date and Obtaining the Order to Show Cause You should request a date for the hearing on the Order to Show Cause at least six weeks in the future. Take the completed form to the clerk's office. The clerk will provide the hearing date and location, obtain the judicial officer's signature, file the original, and give you a copy. Publishing the Order to Show Cause In most cases, a copy of the Order to Show Cause must be published in a local newspaper of general circulation once a week for at least four consecutive weeks before the date of the hearing. The petitioner selects the newspaper from among those newspapers legally qualified to publish orders and notices. The newspaper used must file a Proof of Publication with the superior court before the hearing. If no newspaper of general circulation is published in the county, the court may order the Order to Show Cause to be posted by the clerk. But petitioners do not have to publish the order if they are participants in (1) the State Witness Program or (2) in the Address Confidentiality Program and the petition alleges that they are (a) petitioning to avoid domestic violence, or (b) petitioning to avoid stalking, or (c) the petitioner is, or is filing on behalf of, a victim of sexual assault. Name Change for Children a. If a petitioning parent is requesting the name change for a child under 18 years of age, and one of the parents, if living, does not join in consenting to the name change, the petitioning parent must have a copy of the Order to Show Cause or notice of the time and place of the hearing served on the nonconsenting parent. Service must be made at least 30 days prior to the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40. b. If the nonconsenting parent resides in California, the order or notice must be personally served on the nonconsenting parent. The petitioning parent cannot personally serve this document. c. If the nonconsenting parent resides outside California, he or she may be served by sending a copy of the order or notice by first-class mail, postage prepaid, return receipt requested. d. If a petition to change the name of a child has been filed by a guardian, the guardian must (1) provide notice of the hearing to any living parent of the child by personal service at least 30 days before the hearing, or (2) if either or both parents are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less than 30 days before the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40. If you have served a parent or grandparents, file a copy of the completed Proof of Service of Order to Show Cause (form NC-121) with the court before the hearing. Confidentiality of Certain Names In cases where the petitioner is a participant in the domestic violence confidentiality program and is exempt from publishing the Order to Show Cause as explained in 6, the petition for name change and the decree should, instead of giving the proposed name, indicate that the name is confidential and on file with the Secretary of State. Court Hearing If no written objection is filed at least two court days before the hearing, the court may grant the petition without a hearing. Check with the court to find out if a hearing will be held. If there is a hearing, bring copies of all documents to the hearing. If the judge grants the petition, the judge will sign the original decree. If you want to amend a birth certificate to show the name change, you should contact the following office: California Department of Health Services, Office of Vital Records MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410 Phone: (916) 445-2684, Web site: www.dhs.ca.gov

INSTRUCTIONS FOR FILING A PETITION FOR CHANGE OF NAME

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Local courts may supplement these instructions. Check with the court to determine whether supplemental information is available. For instance, the court may provide you with additional written information identifying the department that handles name change petitions, the times when petitions are heard, and the newspapers that may be used to publish the Order to Show Cause.
NC-100 [Rev. July 1, 2007]

PETITION FOR CHANGE OF NAME
(Change of Name)