“A petition for change of name must be directed to the superior court.” (Code of Civ. Proc., § 1275.)

Procedure

“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.” (Code of Civ. Proc., § 1276(a).) “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.” (Code of Civ. Proc., § 1276(a).)

“If a proceeding for a change of name is commenced by the filing of a petition... 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. 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.” (Code of Civ. Proc., § 1277(a)(1).)

“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.” (Code of Civ. Proc., § 1277(a)(2).) “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.” (Code of Civ. Proc., § 1277(a)(3).)

“[T]he 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 deem right and proper.” (Code of Civ. Proc., § 1278(a)(1).)

“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.” (Code of Civ. Proc., § 1278(a)(2).)

Name Change of a Minor

If the person whose name is to be changed is a minor and both parents do not agree to the name change, “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.” (Code of Civ. Proc., § 1278.5.) “[I]n parental custody disputes, the sole consideration when parents contest a surname should be the child’s best interest.” (In re Marriage of Schiffman (1980) 28 Cal.3d 640, 647.)

The California Supreme Court articulated the various factors that the trial court should consider when evaluating a name change request for a child, with the most important factor being “the length of time that the child has used a surname.” (In re Marriage of Schiffman (1980) 28 Cal.3d 640, 647.) “[W]here a child has used a particular surname for a substantial period of time without objection by either natural parent, the court, upon petition of one of the natural parents to change the child’s surname over the objection of the other natural parent, should exercise its power to change the child’s name reluctantly, and only where the substantial welfare of the child requires the change.” (Donald J. v. Evna M. (1978) 81 Cal.App.3d 929, 937.)

If the length of time that a child has used a name is “negligible” because the child is very young, other factors may be controlling, such as the effect of the name change on the father-child relationship, the strength of the mother-child relationship, and the identification of the child as part of a family unit. (In re Marriage of Schiffman (1980) 28 Cal.3d 640, 647.) Importantly, the Schiffman court specifically rejected the common law rule that a father has a “primary right to have his child bear his surname.” (Id.)

When a petition to change the name of a minor is brought by one parent only, the nonconsenting parent must be personally served with the notice of hearing or order to show cause at least 30 days before the hearing date. (Code of Civ. Proc., § 1277(a)(4).)

Registered Sex Offender

“Notwithstanding any other law, a court shall deny a petition for a name change... 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.” (Code of Civil Procedure, § 1279.5(d).)

Gender Identity

“If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, 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 make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.” (Code of Civ. Proc., § 1277.5(a)(1).)