NAME CHANGE Understanding the Sacramento Superior Court s Name Change Packet

Transcription

1 Sacramento County Public Law Library & Civil Self Help Center 609 9th Street Sacramento, CA ( saclaw.org NAME CHANGE Understanding the Sacramento Superior Court s Name Change Packet Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are Disponible en español provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult a lawyer. STOP! If you are changing your NAME AND GENDER, the process is different, and this guide will not work for you. Ask the Reference Librarian for more information. In Sacramento, to petition the court to change a name of an adult or to change the name of a minor; download the instructional packet, including forms, from the Sacramento Superior Courts website: Requirements for Petition for Change of Name Packet (CV/E-142-N. Our Understanding the Sacramento Superior Court s Name Change Packet includes answers to commonly asked questions and sample forms. COMMON QUESTIONS If you are restoring your name after dissolution of marriage, you can ask the family court to restore your former name. Ex Parte Application for Restoration of Former Name after Entry of Judgment and Order Restoring Former Name Packet If changing the name of a minor over the age of 12, the minor must write a declaration agreeing to the name change. Declaration of Minor (MC If the other parent cannot be served because their location is unknown, the petitioning parent must submit a declaration detailing all attempts made to locate the other parent. Declaration of Diligent Search and Request to Dispense with Notice Once the name change is granted, in order to amend a California birth certificate, you will need to contact the California Office of Vital Records. California Office of Vital Records

2 Giving a child a different name from the father s or otherwise changing the child s name does not affect the parent-child relationship or the legally recognized identity of the parents. Information on Parentage: CHANGING YOUR NAME IN GOVERNMENT AND BUSINESS RECORDS Once your name change is granted, you will need to contact agencies to alert them of your new name. Here are some common documents that will need to be updated: Public Records Social Security Card Driver s License or California ID card Passport Tax Records Voter Registration State Licensing Boards Public Assistance Veterans Administration Birth Certificates and Attachments Private Records Employer s Records Bank Accounts Credit Cards and Credit Reporting Agencies Stocks, Bonds, Mutual Funds, and IRAs Vehicle Registrations Deeds to Real Estate and Mortgages Wills, Insurance Medical & School Records Utilities FOR HELP Sacramento County Public Law Library Civil Self-Help Center Name Change Workshop Mondays at 1:30 p.m. Provides assistance to Sacramento County residents in completing forms. Please arrive early. Children under the age of twelve (12 are not permitted in the workshop. On the Web Name Change Workshop Video saclaw.org/video-library/name-change-workshop-2011/ This video from the Civil Self-Help Center walks viewers through all the paperwork necessary to petition the court for a name change. California Courts Self-Help Website Name Change This website explains the name change process, and provides links to all the forms. At the Law Library How to Change Your Name in California KFC 109.L6 (Self-Help Electronic Access: From any computer (library or home via the Legal Information Reference Center. Instructions are available on our website at saclaw.org/nolo-ebooks. IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON T HESITATE TO ASK A REFERENCE LIBRARIAN. H:\public\LRG-SBS\SbSs\SBSs IN PROGRESS\Name Change\Name Change Step By Step.docx Created 11/12 mpj; Reviewed EN 11/13 updated 10/15 rmm 2

3 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. In re: and the current name(s of the person(s whose names will be changed. Enter the number of people whose names are being changed. The Petitioner(s must date and sign the form

4 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. Enter petitioner s name. If an adult s name is being changed, this will be the current legal name of that person. If changing a child s name, this is the full legal name(s of the parent(s/guardian(s. Enter the current name and proposed name for each person whose name will be changed. If changing more than four names, check the box below and list other names on a separate sheet. Indicate how many children s names are to be changed. If none, enter 0. Complete question 5 ONLY if minor(s name(s are being changed. Indicate who is filing this petition. Indicate how many people s names are to be changed. Separate attachments are required for each person.

5 Enter full present name(s of petitioner(s. Number the attachment(s. Indicate if this attachment is for the petitioner, or for another person. For the person described in this attachment, provide the requested information. Briefly explain the reason for this name change Check the box that best describes the relationship between the petitioner and the person whose name will be changed. If the person whose name will be changed is a minor, list the names and addresses of both parents or nearest relatives. If a parent s address is unknown, or if the parent is deceased, write that in the space for that parent s address. If over 18, complete this Declaration in a Box. All petitioners must sign and date the form.

6 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. Enter full present name(s of petitioner(s. Enter the current name and proposed name for each person whose name will be changed. If changing more than five names, check the box below and list other names on a separate sheet. The clerk will fill out this part when you file your papers. Enter the address of the courtroom. Enter the name of the newspaper where you will have this Order to Show Cause published. A list of newspapers is available at the end of this guide.

7 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. Enter full present name(s of petitioner(s. Leave questions 1 and 2 blank. The Judge will complete these questions. Enter the current name and proposed name for each person whose name will be changed. If changing more than five names, check the box below and list other names on a separate sheet.

8 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. Enter full present name(s of petitioner(s. Enter the case number Check the appropriate box. Address of person serving the documents. If the other parent lives in California, documents must be served in person. Check this box, and provide the requested information. This form is used if only one parent petitions the court to change a minor s name. It must be completed by someone over 18 who is not a party to this case. If the other parent lives outside California, documents may be served by mail. Check this box, and provide the requested information. Name, date and signature of person serving documents

9 Enter the current name, address and phone number of the petitioner. If changing your own name, this is you. If changing a minor s name, this is the parent(s. In Pro Per means you re representing yourself. Enter the county, address and branch of the court. Enter full present name(s of petitioner(s. A consent declaration is only required if changing the name of a minor aged The minor must consent to having their name changed. Name, date and signature of the minor. Check Other and write in Minor.

10 PETER PARKER PARENT 564 OAK LANE SACRAMENTO, CA PETER PARKER PARENT, IN PRO PER Name, address and telephone number of the petitioner. In Pro Per means you re representing yourself. This Declaration is used only when a petition to change a minor s name is filed by one parent, and the other parent cannot be located SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO IN RE: _CHARLIE CHRISTOPHER CHILD Name of the minor whose name will be changed Case No.: DECLARATION OF DILIGENT SEARCH AND REQUEST TO DISPENSE WITH NOTICE I, Peter Parker Parent, declare: 1. I am the mother father of a minor child currently named Charlie Christopher Child, born on May 23, I am requesting the minor s name be changed to _Patrick Christopher Child Proposed for the new reason name specified on the Attachment to Petition for Change of Name (Form NC-110. I request that the court not require notice to the minor s other parent as I am unable to locate him/her. Petitioner s Name Minor s current name and birth date Absent parent s name 3. The minor s other parent is: Patricia Pamela Parent DECLARATION OF DILIGENT SEARCH

11 1 4. Last known address for this person: 764 Riverview Drive, 2 Sacramento 95835_ Absent parent s last known address Approximate date when the person named above was last known to Last date absent parent known to reside at that address reside there: July 30, 2010 My attempts to locate the person named above include the following: 6. I contacted the following relatives of the person named above: Name Relationship to person named above Address Telephone number Phyllis Newman, Sister, 4235 Countryside Lane, San Francisco, CA Peter Abbot, Father, 1650 Main Street, Woodland, CA List name, relationship, address and phone number for all relatives you contacted. Below, describe what you learned from these relatives. Results of interview and additional information received: Neither Ms. Newman nor Mr. Abbot was able to provide me with current contact information for Ms. Parent. Ms. Newman said she had not spoken with Ms. Parent in several years, but thought Ms. Parent may have moved to Arizona. 7. I contacted the following friends and acquaintances of the person named above: Name Relationship to person named above Address Telephone number Sharon Sanders friend th Ave, Sacramento Bradley Silvers, former co-worker 732 Hobart Place, Sacramento Michael Dunnigan, Pastor 1750 Trinity Way, Sacramento, List name, relationship, address and phone number for all friends and acquaintances you contacted. Below, describe what you learned from these friends. Results of interview and additional information received: None of these people had current contact information for Ms. Parent. Pastor Dunnigan stated that Ms. Parent had not attended DECLARATION OF DILIGENT SEARCH

12 1 church services in many months I contacted the following employers of the person named above: Name and Title Business Name Address telephone number Dates of employment Tom Jones, Manager, Shop Smart, 456 Howe Ave, /2007-7/2010 Jane Simms, owner, C&C Pharmacy, 983 Genoa Dr., /2009-7/2010 List name, title, address and phone number for all employers you contacted. Below, describe what you learned from these employers. Results of interview and additional information received: Ms. Parent is no longer employed by either of her last known employers. She quit both positions in July 2010, and left no forwarding address or telephone number. 9. I reviewed the city telephone directories of Sacramento and Elk Grove and contacted directory assistance on 11/8/2012 Results additional information received: No listings were found for Ms. Parent. List the city directories you consulted, and the date you call Below, describe what you learned from these directories. 10. I searched the real and personal property indexes in the Recorder s and Assessor s Offices of _Sacramento County on 11/9/2012. Results additional information received: I found no properties owned by Ms. Parent. 11. I conducted an internet search using Google and Facebook Indicate which county records you consulted, and the date you searched these public records. Below, describe what you learned from these searches. Indicate what internet searches you conducted. Below, describe what you learned from these searches. on 11/8/ DECLARATION OF DILIGENT SEARCH

13 Results and additional information found: _Ms. Parent does not have a Facebook account. No information about her current location was found through the Google search of her name. 12. I contacted the applicable criminal justice agency on 11/9/2012. Indicate the date you searched inmate databases. Below, describe what you learned from these searches. Results additional information received: Ms. Parent is not currently incarcerated in any California State Prison, or in the Sacramento County jail. 13. Other relevant information: Ms. Parent has worked as a licensed Pharmacy Technician for many Describe 16 any other efforts you made to locate the absent parent, or any other information you have that shows you ve 17 made diligent effort to find the other parent years. I searched the State of California s Pharmacy Technician licensing database, and found that Ms. Parent s license has been canceled. The State lists her address as 764 Riverview Drive, Sacramento 95835, an address where she no longer lives. Despite my diligent efforts, I have not been able to find _Patricia Parent, Absent and parent s therefore name. ask the Court permission to dispense with notice to _ Patricia Parent. I declare under penalty of perjury, under the laws of the State of California, the foregoing is true and correct. DATED: October 8, Date and signature of petitioner Peter Parent Peter Parent In Pro Per DECLARATION OF DILIGENT SEARCH

14 NEWSPAPER NAME Carmichael Times Elk Grove Citizen Folsom Telegraph Galt Herald Rio Linda Elverta News and Printing Sacramento Bee Newspaper Spectrum Newspaper The Daily Recorder The Sacramento Bulletin The Sacramento Gazette Newspaper The Sacramento Observer ADDRESS WEBSITE PHONE FAX FILE DEADLINE DATE PUBLICATION FEE FILE PROOF 7144 Fair Oaks Blvd., # Thursday 5:00 PM for $35.00 YES. They will send proof Carmichael, CA publication on following Wednesday 8970 Elk Grove Blvd., Elk Grove, CA Sutter St Folsom, CA P.O. Box 307, 604 Lincoln Way, Galt, CA Front Street Rio Linda, CA Q Street, Sacramento, CA Mailing: P.O. Box , Sacramento, CA Bercut Drive, Suite E, Sacramento, CA H Street, Room 312, Sacramento, CA Bercut Drive, Suite E, Sacramento, CA L Street, Suite 950, Sacramento, CA Alhambra Blvd., Sacramento, CA Noon on Monday for Wednesday publication. Noon on Wednesday for Friday publication Thursday 12:00 PM for the following Wednesday $40.00 NO. They will mail proof of publication to client prior to the hearing. Client must be responsible and file proof of publication with the court. $ YES. They will send proof Tuesday 12:00 PM $40.00 NO. Client must pick up their proof and file it with the court prior to hearing date N/A Monday 5:00 PM for Friday publication Wednesday for Friday publication N/A Thursday 9:00 AM for Tuesday publication N/A X 102 N/A Two business days prior to publication N/A Two business days prior to publication $ st name, $5.00 each additional name NO. They will mail proof of publication to client prior to the hearing. Client must be responsible and file proof of publication with the court. $375 - $400 YES. They will send proof $50.00 YES. They will send proof $45.00 YES. They will send proof $50.00 YES. They will send proof Tuesday 12:00 PM $67.00 YES. They will send proof N/A Wednesday 5:00 PM for Friday publication $75.00 YES. They will send proof CURRENT PRICES MAY BE DIFFERENT FROM THE AMOUNTS LISTED ON THIS HANDOUT. PLEASE CALL PAPERS TO CONFIRM CURRENT PRICES. Updated 10/15 PE H:\public\LRG-SBS\SbSs\Name Change\individual docs\newspaper INFO UPDATED rtf

15 Now That You Have Changed Your Name, What Do You Do Next? SOCIAL SECURITY To obtain a Social Security card in your new name, file an Application for a Social Security Card (Form SS-5. Form is available at at your local Social Security office or by calling You will need to submit the form in person at your local office. In addition to the completed form you will need to provide a certified copy of your decree or court order and a photo ID. DRIVER S LICENSE Once you have your new social security card you can apply for a new driver s license. This must be done in person. You can find your local DMV office here: You will need to complete Form DL-44. Check the box on the form for Name Change. In addition to the completed form you will need to provide a certified copy of your decree or court order. Once you have been issued your new Social Security card and new Driver s License you can tackle any other agencies or businesses that need your new name. The following is a list of common places you may need to contact. PASSPORT There are several different ways to change your name on your passport, depending on how long you have had it. For more information, including links to the forms, go here: VOTER REGISTRATION You will need to complete an Affidavit of Voter Registration which can be done online here Paper voter registration applications are available at your county elections office, library, DMV office or U.S. Post Office. BIRTH CERTIFICATE An amendment can be attached to your birth certificate to reflect your new name. If you were born in CA, you will need a certified copy of your Decree Changing Name, and will need to submit it and an original Form VS-23 to the CA Office of Vital Records. You may obtain this form from the County Recorder or the County Health Department in any county. If you were born in another state you will need to contact the appropriate agency in that state for their procedures. PROPERTY DEEDS Fill out a new deed and file it with the recorder s office in the county where the property is located. For more information visit our guide here VEHICLE REGISTRATION Changing your name on your driver s license doesn t automatically change the name on your registration. You will need to file Form REG-256 with your existing pink slip at your local DMV office, which you can find here STATE LICENSING BOARDS, PUBLIC ASSISTANCE, VETERANS ADMINISTRATION, EMPLOYERS, BANK ACCOUNTS, CREDIT CARDS, CREDIT REPORTING AGENCIES, INSURANCE PROVIDER, MEDICAL PROVIDER, ETC. Contact each agency to find out their requirements. Most have you fill out a form and provide a certified copy of your name change order.