SB 545, as amended, Anderson. Name change: minors.
(1) Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed, except as specified. In the case of a petition filed by a parent for the name change of a person under 18 years of age, existing law requires a minor’s nonconsenting parent to be served with notice of the time and place of the hearing, as specified.
This bill would authorize a court to waive the requirements for publication and notice to a nonconsenting parent if necessary to protect the best interests of the minor upon a showing by the petitioner that the minor and petitioner are participants in a specified address confidentiality program, that the petitioner has sole custody of the minorbegin insert, as specifiedend insert, that the child is protected by an order pursuant to the Domestic Violence Prevention Act that prevents the nonpetitioning parent from having contact with the minor for at least 5 years, and that the nonpetitioning parent is not subject to an order to pay child support for the minor.
(2) Existing law provides that if a petition for a change of name alleges a specified reason or circumstance and the petitioner is a participant in a specified address confidentiality program, the action for a change of name is exempt from the publication requirement.
This bill would provide that in order for the action for a change of name to be exempt from the publication requirement, the petitioner would also be required to establish that the name he or she is seeking to acquire is on file with the Secretary of State.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1277 of the end insertbegin insertCode of Civil Procedureend insertbegin insert, as
2added by Section 2 of Chapter 651 of the Statutes of 2013, is
3amended to read:end insert
(a) (1) If a proceeding for a change of name is
5commenced by the filing of a petition, except as provided in
6subdivisions (b), (c), and (e), the court shall thereupon make an
7order reciting the filing of the petition, the name of the person by
8whom it is filed, and the name proposed. The order shall direct all
9persons interested in the matter to appear before the court at a time
10and place specified, which shall be not less than sixbegin insert weeksend insert nor
11more than 12 weeks from the time of making the order, unless the
12court orders a different time, to show cause why the application
13for change of name should not be granted. The order shall direct
14all persons interested in the matter to make
known any objection
15that they may have to the granting of the petition for change of
16name by filing a written objection, which includes the reasons for
17the objection, with the court at least two court days before the
18matter is scheduled to be heard and by appearing in court at the
19hearing to show cause why the petition for change of name should
20not be granted. The order shall state that, if no written objection
21is timely filed, the court may grant the petition without a hearing.
22If the petition seeks to conform the petitioner’s name to his or her
23gender identity and no objection is timely filed, the court shall
24grant the petition without a hearing.
25(2) A copy of the order to show cause shall be published
26pursuant to Section 6064 of the Government Code in a newspaper
27of general circulation to be designated in the order published in
P3 1the county. If no newspaper of general circulation is published in
2the county, a copy of
the order to show cause shall be posted by
3the clerk of the court in three of the most public places in the
4county in which the court is located, for a like period. Proof shall
5be made to the satisfaction of the court of this publication or
6posting, at the time of the hearing of the application.
7(3) Four weekly publications shall be sufficient publication of
8the order to show cause. If the order is published in a daily
9newspaper, publication once a week for four successive weeks
10shall be sufficient.
11(4) If a petition has been filed for a minor by a parent and the
12other parent, if living, does not join in consenting thereto, the
13petitioner shall cause, not less than 30 days prior to the hearing,
14to be served notice of the time and place of the hearing or a copy
15of the order to show cause on the other parent pursuant to Section
16413.10,
414.10, 415.10, or 415.40. If notice of the hearing cannot
17reasonably be accomplished pursuant to Section 415.10 or 415.40,
18the court may order that notice be given in a manner that the court
19determines is reasonably calculated to give actual notice to the
20nonconsenting parent. In that case, if the court determines that
21notice by publication is reasonably calculated to give actual notice
22to the nonconsenting parent, the court may determine that
23publication of the order to show cause pursuant to this subdivision
24is sufficient notice to the nonconsenting parent.begin insert A court may waive
25the requirements of this paragraph for publication and notice if
26necessary to protect the best interests of the minor upon a showing
27by the petitioner of all of the following:end insert
28(A) The minor and the petitioner are participants in the address
29confidentiality program created pursuant to Chapter 3.1
30(commencing with Section 6205) of Division 7 of Title 1 of the
31Government Code.
32(B) A court has issued a final order awarding the petitioner
33sole legal and physical custody of the minor and the custodial
34parent has terminated the parental rights of the non-custodial
35parent.
36(C) The minor is protected by an order issued after a hearing
37pursuant to the Domestic Violence Prevention Act of Division 10
38(commencing with Section 6200) of the Family Code that prevents
39the nonpetitioning parent, for a period of at least five years, from
40having any contact with the minor.
P4 1(D) The nonpetitioning parent is not subject to an order to pay
2child support for the minor whose name is proposed to be changed.
3(5) If the petition for a change of name is sought in order to
4conform the petitioner’s name to his or her gender identity, the
5action for a change of name is exempt from the requirement for
6publication of the order to show cause under this subdivision.
7(b) (1) If the petition for a change of name alleges a reason or
8circumstance described in paragraph (2), and the petitionerbegin delete is aend delete
9begin insert has established that he or she is an activeend insert participant in the address
10
confidentiality program created pursuant to Chapter 3.1
11(commencing with Section 6205) of Division 7 of Title 1 of the
12Government Code,begin delete theend deletebegin insert
and that the name he or she is seeking to
13acquire is on file with the Secretary of State, theend insert action for a change
14of name is exempt from the requirement for publication of the
15order to show cause under subdivision (a), and the petition and the
16order of the court shall, in lieu of reciting the proposed name,
17indicate that the proposed name is confidential andbegin delete will beend deletebegin insert isend insert on
18file with the Secretary of State pursuant to the provisions of the
19address confidentiality program.
20(2) The procedure described in paragraph (1) applies to petitions
21alleging any of the following reasons or circumstances:
22(A) To avoid
domestic violence, as defined in Section 6211 of
23the Family Code.
24(B) To avoid stalking, as defined in Section 646.9 of the Penal
25Code.
26(C) The petitioner is, or is filing on behalf of, a victim of sexual
27assault, as defined in Section 1036.2 of the Evidence Code.
28(3) For any petition under this subdivision, the current legal
29name of the petitioner shall be kept confidential by the court and
30shall not be published or posted in the court’s calendars, indexes,
31or register of actions, as required by Article 7 (commencing with
32Section 69840) of Chapter 5 of Title 8 of the Government Code,
33or by any means or in any public forum, including a hardcopy or
34an electronic copy, or any other type of public media or display.
35(4) Notwithstanding paragraph (3), the court may, at the request
36of the petitioner, issue an order reciting the name of the petitioner
37at the time of the filing of the petition and the new legal name of
38the petitioner as a result of the court’s granting of the petition.
39(5) A petitioner may request that the court file the petition and
40any other papers associated with the proceeding under seal. The
P5 1court may consider the request at the same time as the petition for
2name change, and may grant the request in any case in which the
3court finds that all of the following factors apply:
4(A) There exists an overriding interest that overcomes the right
5of public access to the record.
6(B) The overriding interest supports sealing the record.
7(C) A substantial probability exists that the overriding interest
8will be prejudiced if the record is not sealed.
9(D) The proposed order to seal the records is narrowly tailored.
10(E) No less restrictive means exist to achieve the overriding
11interest.
12(c) A proceeding for a change of name for a witness participating
13in the state Witness Protection Program established by Title 7.5
14(commencing with Section 14020) of Part 4 of the Penal Code
15who has been approved for the change of name by the program is
16exempt from the requirement for publication of the order to show
17cause under subdivision (a).
18(d) Ifbegin insert anend insert application for change of name is brought as part of
19an action under the Uniform Parentage Act (Part 3 (commencing
20with Section 7600) of Division 12 of the Family Code), whether
21as part of a petition or cross-complaint or as a separate order to
22show cause in a pending action thereunder, service of the
23application shall be made upon all other parties to the action in a
24like manner as prescribed for the service of a summons, asbegin delete isend delete set
25forth in Article 3 (commencing with Section 415.10) of Chapter
264 of Title 5 of Part 2. Upon the setting of a hearing on the issue,
27notice of the hearing shall be given to all parties in the action in a
28like manner and within the time limits prescribed generally for the
29type of hearing (whether trial or order to show
cause) at which the
30issue of the change of name is to be decided.
31(e) If a guardian files a petition to change the name of his or her
32minor ward pursuant to Section 1276:
33(1) The guardian shall provide notice of the hearing to any living
34parent of the minor by personal service at least 30 days prior to
35the hearing.
36(2) If either or both parents are deceased or cannot be located,
37the guardian shall cause, not less than 30 days prior to the hearing,
38to be served a notice of the time and place of the hearing or a copy
39of the order to show cause on the child’s grandparents, if living,
40pursuant to Section 413.10, 414.10, 415.10, or 415.40.
P6 1(f) This section shall become operative on July 1, 2014.
Section 1277 of the Code of Civil Procedure is
3amended to read:
(a) (1) If a proceeding for a change of name is
5commenced by the filing of a petition, except as provided in
6subdivisions (b), (c), and (e), the court shall thereupon make an
7order reciting the filing of the petition, the name of the person by
8whom it is filed, and the name proposed. The order shall direct all
9persons interested in the matter to appear before the court at a time
10and place specified, which shall be not less than 6 weeks nor more
11than 12 weeks from the time of making the order, unless the court
12orders a different time, to show cause why the application for
13change of name should not be granted. The order shall direct all
14persons interested in the matter to make known any objection that
15
they may have to the granting of the petition for change of name
16by filing a written objection, which includes the reasons for the
17objection, with the court at least two court days before the matter
18is scheduled to be heard and by appearing in court at the hearing
19to show cause why the petition for change of name should not be
20granted. The order shall state that, if no written objection is timely
21filed, the court may grant the petition without a hearing.
22(2) A copy of the order to show cause shall be published
23pursuant to Section 6064 of the Government Code in a newspaper
24of general circulation to be designated in the order published in
25the county. If no newspaper of general circulation is published in
26the county, a copy of the order to show cause shall be posted by
27the clerk of the court in three of the most public places in the
28county in
which the court is located, for a like period. Proof shall
29be made to the satisfaction of the court of this publication or
30posting, at the time of the hearing of the application.
31(3) Four weekly publications shall be sufficient publication of
32the order to show cause. If the order is published in a daily
33newspaper, publication once a week for four successive weeks
34shall be sufficient.
35(4) If a petition has been filed for a minor by a parent and the
36other parent, if living, does not join in consenting thereto, the
37petitioner shall cause, not less than 30 days prior to the hearing,
38to be served notice of the time and place of the hearing or a copy
39of the order to show cause on the other parent pursuant to Section
40413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
P7 1reasonably
be accomplished pursuant to Section 415.10 or 415.40,
2the court may order that notice be given in a manner that the court
3determines is reasonably calculated to give actual notice to the
4nonconsenting parent. In that case, if the court determines that
5notice by publication is reasonably calculated to give actual notice
6to the nonconsenting parent, the court may determine that
7publication of the order to show cause pursuant to this subdivision
8is sufficient notice to the nonconsenting parent. A court may waive
9the requirements of this paragraph for publication and notice if
10necessary to protect the best interests of the minor upon a showing
11by the petitioner of all of the following:
12(A) The minor and the petitioner are participants in the address
13confidentiality program created pursuant to Chapter 3.1
14(commencing with Section 6205) of Division
7 of Title 1 of the
15Government Code.
16(B) A court has issued a final order awarding the petitioner sole
17legal and physical custody of the minor.
18(C) The minor is protected by an order issued after a hearing
19pursuant to the Domestic Violence Prevention Act of Division 10
20(commencing with Section 6200) of the Family Code that prevents
21the nonpetitioning parent, for a period of at least five years, from
22having any contact with the minor.
23(D) The nonpetitioning parent is not subject to an order to pay
24child support for the minor whose name is proposed to be changed.
25(b) (1) If the petition for a change of name alleges a reason or
26circumstance
described in paragraph (2), and the petitioner has
27established that he or she is an active participant in the address
28confidentiality program created pursuant to Chapter 3.1
29(commencing with Section 6205) of Division 7 of Title 1 of the
30Government Code, and that the name he or she is seeking to acquire
31is on file with the Secretary of State, the action for a change of
32name is exempt from the requirement for publication of the order
33to show cause under subdivision (a), and the petition and the order
34of the court shall, in lieu of reciting the proposed name, indicate
35that the proposed name is confidential and is on file with the
36Secretary of State pursuant to the provisions of the address
37confidentiality program.
38(2) The procedure described in paragraph (1) applies to petitions
39alleging any of the following reasons or circumstances:
P8 1(A) To avoid domestic violence, as defined in Section 6211 of
2the Family Code.
3(B) To avoid stalking, as defined in Section 646.9 of the Penal
4Code.
5(C) The petitioner is, or is filing on behalf of, a victim of sexual
6assault, as defined in Section 1036.2 of the Evidence Code.
7(3) For any petition under this subdivision, the current legal
8name of the petitioner shall be kept confidential by the court and
9shall not be published or posted in the court’s calendars, indexes,
10or register of actions, as required by Article 7 (commencing with
11Section 69840) of Chapter 5 of Title 8 of the Government Code,
12or by any means or in any public forum, including a hardcopy or
13an
electronic copy, or any other type of public media or display.
14(4) (A) A petitioner may request that the court file the petition
15and any other papers associated with the proceeding under seal.
16The court may consider the request at the same time as the petition
17for name change, and may grant the request in any case in which
18the court finds that all of the following factors apply:
19(i) There exists an overriding interest that overcomes the right
20of public access to the record.
21(ii) The overriding interest supports sealing the record.
22(iii) A substantial probability exists that the overriding interest
23will be prejudiced if the record is not sealed.
24(iv) The proposed order to seal the records is narrowly tailored.
25(v) No less restrictive means exist to achieve the overriding
26interest.
27(B) On or before January 1, 2010, the Judicial Council shall
28develop rules of court and forms consistent with the requirements
29of this paragraph.
30(c) A proceeding for a change of name for a witness participating
31in the state Witness Protection Program established by Title 7.5
32(commencing with Section 14020) of Part 4 of the Penal Code
33who has been approved for the change of name by the program is
34exempt from the requirement for publication of the order to show
35cause under subdivision (a).
36(d) If application for change of name is brought as part of an
37action under the Uniform Parentage Act (Part 3 (commencing with
38Section 7600) of Division 12 of the Family Code), whether as part
39of a petition or cross-complaint or as a separate order to show
40cause in a pending action thereunder, service of the application
P9 1shall be made upon all other parties to the action in a like manner
2as prescribed for the service of a summons, as set forth in Article
33 (commencing with Section 415.10) of Chapter 4 of Title 5 of
4Part 2. Upon the setting of a hearing on the issue, notice of the
5hearing shall be given to all parties in the action in a like manner
6and within the time limits prescribed generally for the type of
7hearing (whether trial or order to show cause) at which the issue
8of the change of name is to be decided.
9(e) If a guardian files a petition to change the name of his or her
10minor ward pursuant to Section 1276:
11(1) The guardian shall provide notice of the hearing to any living
12parent of the minor by personal service at least 30 days prior to
13the hearing.
14(2) If either or both parents are deceased or cannot be located,
15the guardian shall cause, not less than 30 days prior to the hearing,
16to be served a notice of the time and place of the hearing or a copy
17of the order to show cause on the child’s grandparents, if living,
18pursuant to Section 413.10, 414.10, 415.10, or 415.40.
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