Law

Can Name Change Petitions Be Denied?

It is possible for this to happen, but the vast majority of name change petitions are approved.  The petition will be decided on by a Superior Court judge and they will review all the information provided.  This will be assessed according to California name change law and they will take any objections into account.  While almost all petitions are approved, there are some reasons why yours might be denied.

Can A Name Change Be Denied Before The Court Hearing?

There are guidelines in California name change law that disqualify a name change petition based on criminal history.  It is important to note that a judge will still be making this decision.  Anyone currently in prison may not be able to petition for a name change.  Additionally, anyone who has been convicted, is on parole, under supervision from the Department of Corrections or required to register as a sex offender will need to clear those issues with their judge properly.

If you have had any past criminal problems, you will need to look at the California Code of Civil Procedure.  Understanding this is important before completing a petition for name change.  If you are unsure about your standing, it is best to talk to an attorney before you complete the petition.

Your petition might also be rejected if it is incomplete or has failed to provide all the information required by law, the judge or the court.  If all of the forms are filled out correctly and filed in the right court, and if you supply all the information required, your petition should not be rejected.

Can A Petition Be Rejected Due To An Objection?

After filing your petition and before the hearing, you have to advertise the name change in your local legal newspaper.  This is required by law and you cannot skip it.  This will give any member of the public the chance to object to your proposed name change.  If an objection is made, the judge will need to consider it.

If there are no objections filed with the court, the judge will proceed with their review of your petition.  The vast majority of name change petitions will not have any objections if done correctly.  To be sure everything is done right, you can use a name change full service agency for a small additional fee.

Are There Other Reasons For Rejection?

There are, but they are very rare, particularly if you have done everything correctly.  Almost all name change petitions will be approved, but there are some that will be rejected even if there are no objections. A Superior Court judge must approve the Petition.

Rejection can happen if the name change is deemed to cause harm, fraud or confusion.  You should not try to change your name to get away with something either criminal or civil.  This will only cause more problems.

If the petition is made to change the name of a child, one of the parents has the opportunity to object.  In these cases, the judge will have to make a hard decision.  According to the law, in these cases, the court may reject the petition if both parents cannot agree.  The rejection could be in whole or in part if the judge feels the name change is not in the best interest of the child.

Can The Petition Be Denied If Everything Is Done Right?

There are no guarantees when it comes to a name change petition.  However, it is important to note that you will not get a legal name change if you never petition for it.  You need to ensure that you file a complete petition for name change and do this with the correct court.

The judge will then decide on the petition and sign the court order or not.  If you have professional help, you can ensure that everything is done correctly and this will reduce any chances of rejection.

While the majority of name change petitions are granted, many people still worry about rejection.  If you do everything correctly and do not have any disqualifying criminal history, you should not have any problems.

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