File a petition to change your child’s name

Once you complete your forms, you need to file them with the court and pay a filing fee. If neither of you can afford the fee, you can ask the court to waive it.

How to file forms with the court

Take your forms to the court clerk

If you live in California, go to the Superior Court in the county where your child lives If there are different locations, check your court’s website, talk to your Self-Help Center, or find the closest court to you where civil cases are filed. If you live out of state, you typically file in the county that issued your child's birth certificate. Get more information on where to file if you live out of state. Give the court clerk your forms At the courthouse, give the court clerk the original and the copies of your forms. The clerk will stamp the forms, keep the original and return the copies to you. The clerk will give you a court date When the clerk files the Order to Show Cause—Change of Name (form NC-120), they will write a court date on it. This is when the judge will make a decision on your request to change your child's name. You will need the Order to Show Cause (form NC-120) to publish in the newspaper before the court date.

Yes, you can file by mail. Mail the original and 3 copies to the clerk. You need to include the filing fee (or request for fee waiver) and a self-addressed stamped envelope so the clerk can mail your copies back to you. Make sure to include enough postage. If you do not include a self-addressed stamped envelope, you will have to go to the courthouse to pick up your copies. Some courts allow online filing (called e-filing). You can find out if your court has online filing on your court’s website.

Pay a filing fee

• You receive public benefits
• Your income is less than a set amount
• You can’t afford the fee and meet your basic needs

The fee waiver will cover court fees, not the fee to publish in the newspaper.

Ask the clerk about your court's next steps

The next steps can vary by court In some courts, you must go to your court date listed on the paperwork to get the judge's decision. In others, you only go to the court date if someone objects. In these courts, if no one objects and you followed all steps, you can pick up a signed name change order from the court clerk. When you file, ask the clerk how your court handles this final step.

Child's name change when both parents agree

What's next?

Once you’ve filed your forms, your next step is to publish your request.