Name Change - Sacramento County Public Law Library
Transcription
Name Change - Sacramento County Public Law Library
Sacramento County Public Law Library & Civil Self Help Center 609 9th Street Sacramento, CA 95814 (916) 874-6012 saclaw.org NAME CHANGE Disponible en español 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 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-030) www.courts.ca.gov/documents/mc030.pdf 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 www.saclaw.org/uploads/files/Step-by-Step/Name-Change-Diligence.rtf 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 www.cdph.ca.gov www.saclaw.org/name-change-guide 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: www.courts.ca.gov/selfhelp-parentage.htm 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 www.courts.ca.gov/selfhelp-namechange.htm 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 www.saclaw.org/name-change-guide 2 Created 11/12 mpj; Reviewed EN 11/13 updated 10/15 rmm 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 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. Check this box if conforming name to gender identity. Indicate how many people’s names are to be changed. Separate attachments are required for each person. 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. 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. 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. 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. 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 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. 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 12-17. The minor must consent to having their name changed. Name, date and signature of the minor. Check “Other” and write in Minor. 1 2 3 4 5 Name, address and telephone number of the petitioner. In Pro Per means you’re representing yourself. PETER PARKER PARENT 564 OAK LANE SACRAMENTO, CA 95814 916-555-1234 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. PETER PARKER PARENT, IN PRO PER 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SACRAMENTO 10 11 12 13 14 IN RE: _CHARLIE CHRISTOPHER CHILD____ Name of the minor whose name will be changed 15 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) Case No.: DECLARATION OF DILIGENT SEARCH AND REQUEST TO DISPENSE WITH NOTICE Petitioner’s Name I, _____Peter Parker Parent_________________________, declare: 1. I am the mother ⊠ father of a minor child currently named Minor’s current name and birth date 21 __Charlie Christopher Child______________, born on ___May 23, 22 1997___________. 2. I am requesting the minor’s name be changed to 23 24 25 26 newreason name _Patrick Christopher Child____ Proposed for the 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 27 am unable to locate him/her. 28 3. The minor’s other parent is: ______Patricia Pamela Parent______ Absent parent’s name - 1 DECLARATION OF DILIGENT SEARCH 1 4. Last known address for this person: 764 Riverview Drive, 2 Sacramento 95835_ 3 5. Approximate date when the person named above was last known to 4 5 6 7 8 9 10 Last date absent parent known reside there: ___July 30, 2010__________________________________ to reside at that address My attempts to locate the person named above include the following: 6. I contacted the following relatives of the person named above: Name 13 Relationship to person named above Address Telephone number Phyllis Newman, Sister, 4235 Countryside Lane, San Francisco, CA 415-555-4567 Peter Abbot, Father, 1650 Main Street, Woodland, CA 530-555-1346 ________________________________________________________ List name, relationship, address and phone number for all relatives you contacted. Below, describe what you learned from these relatives. 11 12 Absent parent’s last known address _____________________________________________________________________________________________________ Results of interview and additional information received:__________ 14 Neither Ms. Newman nor Mr. Abbot was able to provide me with 15 current contact information for Ms. Parent. Ms. Newman said she had 16 not spoken with Ms. Parent in several years, but thought Ms. Parent 17 18 19 20 21 22 23 24 25 26 27 28 may have moved to Arizona. 7. __________________________________ I contacted the following friends and acquaintances of the person named above: Name Relationship to person named above Sharon Sanders friend 6857 28th Ave, Sacramento Bradley Silvers, former co-worker Michael Dunnigan, Pastor Address Telephone number 916-555-7410_______ 732 Hobart Place, Sacramento 916-555-8025 1750 Trinity Way, Sacramento, 916-555-9157 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 - 2 DECLARATION OF DILIGENT SEARCH 1 church services in many months. 2 3 4 8. I contacted the following employers of the person named above: Name and Title Business Name Address telephone number Dates of employment 5 Tom Jones, Manager, Shop Smart, 456 Howe Ave, 6 Jane Simms, owner, C&C Pharmacy, 983 Genoa Dr., 916-555-3791 11/2009-7/2010 7 _____________________________________________________________________________________________________ 8 Below, describe you learned from these employers. Results contacted. of interview and what additional information received:__________ 9 Ms. Parent is no longer employed by either of her last known 10 11 12 13 14 15 16 17 18 19 916-555-4987 4/2007-7/2010 List name, title, address and phone number for all employers you 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 Results List the city directories you consulted, and information the date you call 4-1-1. Below, additional received: describe what you learned from these directories. for Ms. Parent. __ __11/8/2012__ __No listings were found _______________________ _____________________________________________________________________________________________________ 20 10. 21 Recorder’s and Assessor’s Offices of _Sacramento___________ County 22 on 23 Results additional information received: __I found no properties 24 25 26 27 28 I searched the real and personal property indexes in the Indicate which county records you consulted, and the date you searched __11/9/2012______________. these public records. Below, describe what you learned from these searches. owned by Ms. Parent.______________ __________ _____________________________________________________________________________________________________ 11. I conducted an internet search using __Google and Indicate what internet searches you Facebook_____________________ conducted. Below, describe what you learned from these searches. on ___11/8/2012______________. - 3 DECLARATION OF DILIGENT SEARCH 1 Results and additional information found: _Ms. Parent does not have 2 a Facebook account. No information about her current location was 3 found through the Google search of her name. 4 5 6 7 8 9 _ _______________ _____________________________________________________________________________________________________________ 12. I contacted the applicable criminal justice agency on Indicate the date you searched inmate databases. __11/9/2012_________. 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 10 Sacramento County jail. 11 _____________________________________________________________________________________________________ 12 13. 13 Ms. Parent has worked as a licensed Pharmacy Technician for many 14 years. I searched the State of California’s Pharmacy Technician 15 _________________________ Other relevant information: licensing database, and found that Ms. Parent’s license has been 16 Describe any other efforts you made to locate the absent canceled. The State her address parent, or any other information you havelists that shows 17 made diligent effort to find the other parent. you’ve as 764 Riverview Drive, 18 Sacramento 95835, an address where she no longer lives.____ 19 Despite my diligent efforts, I have not been able to find _Patricia 20 Parent________________, and therefore ask the Court permission to Absent parent’s name. 21 dispense with notice to _ Patricia Parent__________. 22 23 24 25 26 27 ______ I declare under penalty of perjury, under the laws of the State of California, the foregoing is true and correct. DATED: October 5, 2016 Date and signature of petitioner Peter Parent Peter Parent In Pro Per 28 - 4 DECLARATION OF DILIGENT SEARCH NEWSPAPER NAME Carmichael Times ADDRESS WEBSITE PHONE FAX FILE DEADLINE DATE 7144 Fair Oaks Blvd., #5 Carmichael, CA 95608 www.carmichaeltimes.com 916‐773-1111 916‐773-2999 Elk Grove Citizen 8970 Elk Grove Blvd., Elk Grove, CA 95624 www.egcitizen.com 916‐685-5533 209‐745-4492 Thursday 5:00 PM for publication on following Wednesday Noon on Monday for Wednesday publication. Noon on Wednesday for Friday publication Folsom Telegraph 921 Sutter St Folsom, CA 95630 www.folsomtelegraph.com 916‐985-2581 916‐985-0720 Galt Herald P.O. Box 307, 604 Lincoln Way, Galt, CA 95632 www.galtheraldonline.com 209‐745-1551 209‐745-4492 Rio Linda Elverta News and Printing 6808 Front Street Rio Linda, CA 95673 www.obri.net/rlenews 916‐991-3000 Sacramento Bee Newspaper www.sacbee.com Spectrum Newspaper 2100 Q Street, Sacramento, CA 95816 Mailing: P.O. Box 151779, Sacramento, CA 95852 530 Bercut Drive, Suite E, Sacramento, CA 95814 The Daily Recorder The Sacramento Bulletin The Sacramento Gazette Newspaper The Sacramento Observer PUBLICATION FEE $35.00 FILE PROOF $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 of publication directly to court prior to the hearing. YES. They will send proof of publication directly to court prior to the hearing. Thursday 12:00 PM for the following Wednesday Tuesday 12:00 PM $175.00 $40.00 NO. Client must pick up N/A Monday 5:00 PM for Friday publication $40.00 1st name, $5.00 each additional name 916‐321-1371 916-321-1110 Wednesday for Friday publication $375 - $400 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. N/A 916‐445-6825 916‐443-5871 Thursday 9:00 AM for Tuesday publication $50.00 YES. They will send proof 901 H Street, Room 312, Sacramento, CA 95814 N/A 916‐444-2355 X 102 N/A Two business days prior to publication $45.00 YES. They will send proof 530 Bercut Drive, Suite E, Sacramento, CA 95814 N/A 916-445-6825 916-443-5871 Two business days prior to publication $50.00 770 L Street, Suite 950, Sacramento, CA 95814 www.sacgazette.com 916‐567-9654 888-567-1193 Tuesday 12:00 PM $67.00 YES. They will send proof 2330 Alhambra Blvd., Sacramento, CA 95817 www.sacobserver.com 916‐452-4781 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. their proof and file it with the court prior to hearing date. YES. They will send proof of publication directly to court prior to the hearing. of publication directly to court prior to the hearing. of publication directly to court prior to the hearing. YES. They will send proof of publication directly to court prior to the hearing. of publication directly to court prior to the hearing. of publication directly to court prior to the hearing. Updated 10/15 PE H:\public\LRG-SBS\SbSs\Name Change\individual docs\NEWSPAPER INFO UPDATED 10-15.rtf