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Guide for guardians changing a child's name

If you are the child’s guardian and want to change their name:

  • You file forms
  • Then, you'll get a court date.
  • You will need to have a notice about the court date published in a local newspaper and also delivered to the child's living parents.
    • If the child's parents do not agree, they have the right to oppose your request.
    • If either or both parents is deceased or cannot be found, you will have to let any living grandparents know instead.

If the judge approves your request, you will get a court order called a "decree" changing the child's name. The court process can take up to 3 months, though in busier courts it may take longer.

Before you start 

You need the name of a newspaper to publish your request in

The law says you must publish your request for a name change in a newspaper.

If the child lives in California, you need the name of the newspaper to fill out the forms:

  •  You must publish in a newspaper of general circulation that publishes legal notices in the county where you file your case (the county where the child lives).
  •  where you will file your case if they have a list of newspapers you can choose from.
  • Contact the newspapers to find out the cost. The cost can vary a lot.
    •  If you change your mind later and want to change newspapers, you will have to re-do your forms and may need to postpone your court date.

If the child lives out of state, you have it published where they live. Learn more about publication if the child lives out of state.

  • You will need to find out what newspapers qualify as a newspaper of general circulation that publishes legal notices where the child lives.
  • You do not need to list the name of the paper on the form.

How to ask to change a child's name

If you are changing a child's name to match their gender identity, follow these steps instead. 

🔗 Links to court forms below open in a new tab.

  • Fill out court forms

    Fill out these forms:

    ⚠️ If you're worried about safety, you may be able to keep the request confidential

    You can ask the court to keep the child's name change confidential if they're in the:

    • State Witness Program, or
    • Safe at Home address confidentiality program and are changing their name to avoid domestic violence, stalking, or human trafficking, or are a victim of sexual assault,

    Learn how with Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) (form NC-400-INFO). 

    💬 Talk to your  self-help center to find out options.

     

  • Check for local forms

    • Some courts also have local forms you have to use.

    • Check with your court clerk’s office or your court's website (link opens in a new tab), or talk to your self-help center to ask if they have any local forms you need to use.
    • Your self-help center may also be able to review your forms before you file them.

  • Have forms reviewed

    • If your court’s 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.

  • Make copies of all your forms

    • Make at least 4 copies of all of your forms.
    • When you file them, the court will keep the original and return the copies to you, stamped.
    • One copy is for you. The second and third copies are to serve the child’s parents. The last copy is to publish the request in the newspaper.
      • If you have to serve the child's living grandparents, make enough copies to serve each grandparent. See Step 6 for more information.
      • If you're not required to publish because the case is confidential, you won't need that extra copy for the newspaper.

  • File copies with the court clerk

    • 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 of $435-$450. If you cannot afford the fee, you can ask for a fee waiver.

  • Serve parents or grandparents of the child

    • 📅 Serve the child’s parents with a copy of the paperwork at least 30 days before the court date.
      • If either or both parents of the child are deceased or cannot be located, you must serve notice of the hearing on the grandparents, if living, at least 30 days before the court date.

    To serve:

    • You need someone 18 or older, not you, to give each parent or grandparent a copy of the filed Petition, along with attachments, and the Order to Show Cause (form NC-120).
    • The server has to fill out a Proof of Service of Order to Show Cause (form NC-121) for each parent or grandparent served and give them to you. You have to file these proofs of service before your court hearing.
    • If the parents or grandparents live in California, you must have someone serve them in person.
    • If a parent or grandparent lives outside California, you can serve the out-of-state parent by certified mail, return receipt requested. But, remember, you cannot mail the papers yourself.

  • Publish the order to show cause for change of name (if required)

    • Generally, you must publish the Order to Show Cause (form NC-120) in the newspaper you wrote on your form once a week for 4 weeks in a row.

    ⚠️ If you live in California and had to write the name of the newspaper on your Order to Show Cause (form NC-120), you have to publish in the newspaper you wrote on your NC-120.

    📌 Remember that if the child is in the State Witness Program or address confidentiality program, you may not need to publish the Order to Show Cause. Find out more in Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) (form NC-400-INFO). If you are not sure what to do, talk to a lawyer or your court's self-help center.

  • Go to your court hearing

    • Go to court on your hearing date
    • Take the proof of publication from the newspaper
    • Take the Decree Changing Name (By Guardian( (form NC-130G)  for the judge to sign.
    • Make sure you also take both proofs of service showing the each parent (or grandparents) got a copy of the papers.

  • Get your decree

    • If the judge approves your request for a change of name, the judge will sign the Decree Changing Name (By Guardian( (form NC-130G).
    • Once you get your signed decree, get at least 1 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.
    ⚠️ The child's records are not updated automatically with their new name. 
    You must take a copy of the name change Decree to each government agency where you need to update their ID or record.

    Get more information to update the child's records with every agency 

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