Changing a Child's Last Name in California

• Why change a child’s last name?
• Is the name change in the best interest of the child?
• 5 steps to change a child’s last name in California
• FAQ
• References

Changing your child's last name can seem like an overwhelmingly complex legal task. While it's not easy or quick, there may be good reasons to do it. Here's how to change your child's last name in California.

Why change a child’s last name?

Parents may change their child's last name for a variety of reasons. One reason is divorce. When parents divorce, the child may take the last name of the parent who has primary custody. This is done to make it easier for the child to establish a new home and life with that parent.

Another reason parents might change their child's last name is adoption. When a child is adopted, the parents often choose to give the child their last name. This helps to create a sense of unity between the adoptive parents and the child. It also sends a message that the child is now part of the family and is loved and accepted just as they are.

When parents decide to change their child's last name, there are a few different options to consider. One option is to hyphenate the child's last name to reflect both parents' last names. Another option is to give the child a new last name that reflects an adoption. A third option is to give the child the mother's maiden name as the child's last name. Each of these options has benefits and drawbacks.

• Hyphenating a child's last name can be a great way to keep both parents' names associated with their identity. For legal and emotional reasons, this can be important. However, hyphenation can also lead to confusion and an extra-long last name.
• Giving a child a new last name that reflects an adoption is a way to celebrate the adoption and welcome the child into the family. It can help the child feel like they belong in the family. However, some adopted children might find it difficult to keep track of all the different last names in their lives.
• Giving a child their mother's maiden name can be a way to keep the mother's legacy alive. It can also help connect the child more closely with their mother. However, this is not the “traditional” way a child’s last name is established in the U.S., and it could lead to confusion.

Is a name change in the best interest of the child?

There is a lot in a name. Do you know anyone with the last name Brewer, Butler, Sadler, Forrester, Potter, Miller, Mason, or Weaver? These are all names describing a profession. How about Dawson, Jackson, Jefferson, Addison, or Emerson? These are all names describing who the father is by adding “son” to the name. All of this is to say that surnames have a literal history to them, and changing a surname can be a big decision.

• In a divorce where both parents agree to change their child's last name, you can include this change in the Divorce Judgment and/or Marital Settlement Agreement.
• If the parents do not agree, the parent who wishes to change the name must file a motion using the FL-300 form, and the court will decide. In making that determination, the court will be guided by the best interests of the child. This means they will consider any ways the change would benefit or disadvantage the child.

Factors the court will look at when determining a child's best interests may include the following:

• The length of time the child has used a particular name
• The nature of the child's relationship with each parent
• The effect of any proposed name change on those relationships
• The child's need to identify with a particular family unit through the use of a common name

The court will consider any benefits the child derives from the last name they already have. For example, does it promote a close connection with the parent whose surname the child shares? The court will also consider the benefits that would arise from a change. For example, a younger child may feel more connected to both sides of their family with a hyphenated last name. 

5 steps to change a child’s last name in California

Changing a child's last name in California requires certain steps. If you haven't cleared this with your child's other parent – or you suspect they'd have a problem with it – you must take an extra step, noted below.

This quick flowchart can help you get started:

Let’s go into each step in detail.

1. File a petition with the court

You'll need to fill out several forms:

• Petition for Change of Name (NC-100)
• Name and Information About the Person Whose Name is to be Changed (NC-110)
• Order to Show Cause — Change of Name (NC-120)
• Decree Changing Name (NC-130)
• Civil Case Cover Sheet (CM-010)

When you file these forms, you'll also need to pay a filing fee of $435 to $450. If you cannot afford the fee, you can request a fee waiver by filing another form.

2. Notify your child's other parent

This is the extra step mentioned above that you'd need to take if both parents do not agree on the name change. Your child’s other parent has a right to know about your request. Thus, you must inform them. Further, you may need to prove to the court that you provided this information. It’s best to use a process server for this purpose.

3. Publish your request in a newspaper

You must publish a notice in the newspaper once per week for four weeks. You'll provide an Order to Show Cause — Change of Name (Form NC-120) to the newspaper and tell them you need to publish it once per week for four weeks. You can use any established daily or weekly newspaper in your area. They will likely charge you a fee.

4. Attend a hearing

If both parents agree to the name change, your former spouse may be able to waive their appearance at the hearing. If they don't agree, both must appear at the hearing, and both must present their case before the judge.

5. Get a decree

If the judge approves your name change request for your child, they'll sign a decree changing your child's name. This process can take two to three months.

Note that this order doesn't automatically change your child's name everywhere. You must still change it on school records, bank accounts, passports, and other legal documents.

More about changing a child’s last name in California

How much does a name change cost?

It depends on your location in California and what your local clerk charges to file the paperwork. You will need to pay a filing fee of $435 to $450. Remember that you can request a fee waiver if you cannot afford these fees.

You must pay the newspaper to publish your notification, and the papers won’t waive the fees with your waiver. Those fees can vary dramatically.

To change your child’s legal documents, you’ll need at least one certified copy of the Decree. Each one costs $40. If you have a fee waiver, you don’t have to pay this fee.

Can I change my child’s last name without their other parent’s permission?

Generally, no. If your child's other parent has had their parental rights revoked, you can, but that is a rare scenario.

How do I change my child’s name on their birth certificate?

Once a judge has approved your child's name change, you'll get copies of the order. You'll need to take that order – probably a certified copy that will cost several dollars – to your local records office. They can then update your child's birth certificate with their new last name.

Hello Divorce offers a wealth of free online information as well as services Californians can use. Click here to view more articles about California divorce and other legal processes.

FAQs

Who can ask the court to change a child’s last name in California?
A parent, legal guardian, or another adult with legal custody can petition the Superior Court to change a child’s last name. If more than one parent has legal rights, the other parent typically must be notified and may need to consent or have an opportunity to object.

Do both parents have to agree to a child’s name change?
Not always. If the other parent does not consent, the court can still grant the request after notice and a hearing if the judge decides the change is in the child’s best interest. If the other parent’s whereabouts are unknown or there are safety issues, you can ask the court for alternate notice or a waiver.

What does the judge consider when deciding a child’s last name change?
Judges focus on the child’s best interest. Common factors include the strength of the parent-child relationships, the length of time the child has used the current name, potential confusion for the child, any history of domestic violence or safety concerns, and the child’s preference if mature enough to express one.

Is publication or public notice required for a minor’s name change?
Courts generally require notice to the nonpetitioning parent and may require publication unless there is a safety risk or the court seals the record. Many courts allow requests to waive publication for minors when justified. Local rules vary, so follow the instructions from the filing court.

How long does it take and how much does it cost?
Time frames depend on the county, notice requirements, and whether there is an objection. Simple cases can resolve in a few weeks to a few months. There is a filing fee, though you can apply for a fee waiver if you qualify.

What happens after the court approves the name change?
You will receive a signed court order. Use it to update the child’s birth certificate, Social Security record, school and medical records, passport, and other identification.

How to Change a Child’s Last Name in California

Confirm you have legal authority and a clear reason
Make sure you are a parent, legal guardian, or adult with custody who can file. Be ready to explain why the change supports the child’s best interest, such as consistency, safety, or alignment with family identity.

Prepare the petition and supporting forms
Complete the court’s name-change forms for a minor. Include the child’s current and proposed name, reasons for the change, and any safety or confidentiality requests.

File in the correct county and get a hearing date
File in the Superior Court for the county where the child lives. Pay the filing fee or submit a fee waiver request. The clerk will provide a case number and, if required, a hearing date.

Provide notice and proof of service
Serve the other parent or anyone with legal custody as the court requires. If you cannot locate the other parent or there are safety concerns, ask the court for alternate notice or a waiver. Keep proof of service for the file.

Handle publication or confidentiality requests
Follow local rules for any required publication. If publication would risk safety or privacy, file a request to waive publication or to seal the record with supporting facts.

Attend the hearing and present your best-interest reasons
Bring copies of your filings and proof of service. Be prepared to explain why the change helps the child. If the other parent objects, the judge will weigh both sides and decide what is best for the child.

Obtain certified copies and update records
After approval, get certified copies of the order. Use them to update the child’s birth certificate, Social Security record, school and medical records, insurance, and passport.

References

Change Your Child’s Legal Name. Judicial Branch of California.
Start the Name Change Process for Your Child. Judicial Branch of California.
Publish Form NC-120 in the Newspaper. Judicial Branch of California.
Get the Decree Changing Your Child’s Name. Judicial Branch of California.

Co-parenting? You've got this.

And our free download can help.

Sign up to get our FREE Parenting Plan Worksheet to find out what works for your family.