How to Change Your Child’s Last Name in California

How to change your child’s last name in California when the other parent is absent

This guide is for parents in California who want to legally change their child’s last name and need to do it without the other parent’s cooperation or involvement. It covers what forms you need, how to serve a parent you cannot locate, whether custody type matters, and what to expect at each step.

Can you change your child’s name without the other parent’s approval?

Yes. In California, one parent can file a petition to change a child’s name without the other parent’s consent. You do not need the other parent to agree, sign anything, or even be present.

However, the other parent does have a right to know about the request and to object. That means you are required to formally notify them (called “serving” them). If the other parent does not respond or does not show up to the hearing, the court can still approve the name change.

If the other parent objects, the judge will hold a hearing and decide based on what is in the child’s best interest (Code of Civil Procedure § 1278.5).

Does custody type matter?

If you have sole legal custody

You still need to notify the other parent, but you do not need their consent. Courts generally view a sole legal custody order favorably in a name change petition because you have the authority to make major decisions for your child. A name change is easier to obtain when you hold sole legal custody.

If you have joint legal custody

Many joint legal custody orders include a provision requiring both parents’ consent before changing a child’s surname. If your order has this language, you will either need the other parent’s agreement or a separate court order granting the name change over their objection. The court will still decide based on the child’s best interest.

If you have a restraining order

A restraining order does not change your ability to file a name change petition. You can still serve the other parent — you just cannot do it yourself. Service must always be completed by a third party (someone 18 or older who is not a party to the case). The restraining order may also support your petition because it demonstrates a pattern of behavior relevant to the child’s wellbeing.

Physical custody percentage

Physical custody percentage does not directly affect the name change process. Whether you have 100% or 60% physical custody, the legal process and forms are the same. What matters is legal custody and the child’s best interest.

What forms do you need?

All of these forms are free to download from the California Courts website or from your county’s Self Help Center.

Step by step — how to change your child’s last name

Step 1: Fill out the forms

Complete NC-100, NC-110, NC-120, NC-130, and CM-010.

On NC-110, Item 6e, you must list the other parent’s name and address. If you do not know their address, write “address unknown.” This is important — it tells the court that the other parent exists but you cannot locate them.

On NC-110, explain the reason for the name change. Keep it factual. For example: “The child’s father has had no contact with the child for three years. I am the custodial parent and wish for the child to share my surname.”

Step 2: File your forms at the courthouse

Take your completed forms to the clerk’s office at the Superior Court in the county where your child lives. The clerk will stamp them and assign a case number.

Filing fee: The current filing fee is approximately $435 to $450, depending on the county. If you cannot afford this, file a fee waiver request (Form FW-001) at the same time. You may qualify if you receive public benefits, your household income is at or below 125% of the federal poverty level, or paying would cause you hardship.

When you file, the clerk will give you a hearing date on the NC-120 (Order to Show Cause). This date should be at least six weeks in the future.

Step 3: Serve the other parent

If you know where they are (in California): Have someone 18 or older (not you) personally hand them a copy of the NC-120, NC-100, and NC-110 at least 30 days before the hearing date. The server fills out NC-121 (Proof of Service).

If they are outside California: The forms can be mailed by certified mail, return receipt requested, at least 40 days before the hearing date.

If you cannot find the other parent — service by publication:

Steps for service by publication:

1. Conduct a “diligent search.” Your search should include: checking their last known address, contacting their family and friends, contacting current and past employers, searching social media (Facebook, Instagram, LinkedIn), running a free online people search, checking the county jail inmate locator, checking the California Department of Corrections inmate locator (CDCR), and searching public court records. Document every step with dates and results.
2. File a declaration of diligent search using Form MC-030 or on pleading paper describing all your search efforts. Attach it to an application asking the court for permission to serve by publication.
3. Get the court’s order. The judge will name a specific newspaper.
4. Publish the notice. The NC-120 must be published once a week for four consecutive weeks. Newspaper fee: typically $35 to $400. Not covered by fee waiver.
5. File the proof of publication with the court before your hearing.

Step 4: Publish in a newspaper

Even if you successfully serve the other parent in person, California law separately requires you to publish the NC-120 (Order to Show Cause) in a newspaper of general circulation, once a week for four consecutive weeks (Government Code § 6064). Ask the clerk for a list of approved newspapers in your county.

Step 5: Attend the hearing

If no one objects and you followed all steps, some courts will approve the name change without a hearing. If the other parent objects, there will be a hearing where the judge decides based on the child’s best interest. If the other parent does not respond (common when served by publication), the court will typically grant the petition if everything was filed correctly.

Bring copies of all your documents to the hearing.

Step 6: Get certified copies of the decree

Once the judge signs NC-130, request certified copies from the clerk. Approximately $40 each. Most parents order two to five. Free with approved fee waiver.

Step 7: Update your child’s records

Update with:

• Social Security Administration (Form SS-5)
• California birth certificate (Form VS-23 — mail to California Department of Public Health, Vital Records — Amendments — M.S. 5103, P.O. Box 997410, Sacramento, CA 95899-7410)
• School records
• Health insurance and medical providers
• Passport (if applicable)

What does the judge consider?

The court applies the “best interest of the child” standard (Code of Civil Procedure § 1278.5). Judges commonly consider:

• How long the child has used their current name
• The strength of the child’s relationship with each parent
• Whether the name change would help or hurt the child’s sense of identity
• The reason for the request
• Whether the other parent has been involved in the child’s life
• Any history of domestic violence or abandonment
• The child’s preference (particularly for older children)

If the other parent has been absent for years, has a restraining order against them, and is only approved for monitored visits, these facts support a name change petition.

How long does this take?

Two to four months from filing to signed decree. Depends on hearing scheduling (six to twelve weeks out), whether service by publication is needed (adds four to five weeks), and whether the other parent objects.

Costs summary

Total estimated cost: $500 to $1,100 depending on your county and whether you qualify for a fee waiver.

Where to get help

• Your county’s Self Help Center — Free. Staff can help you fill out forms and explain the process. They cannot give legal advice. Find yours at selfhelp.courts.ca.gov.
• California Courts Self Help website — Step-by-step guides at selfhelp.courts.ca.gov/name-change.
• Legal Aid — If you qualify based on income, find one at lawhelpca.org.
• Lawyer Referral Service — Your county bar association can refer you to a family law attorney for a low-cost consultation.

Forms checklist

• NC-100 — Petition for Change of Name
• NC-110 — Attachment (one per child)
• NC-120 — Order to Show Cause for Change of Name
• NC-130 — Decree Changing Name (fill out top and Item 3)
• CM-010 — Civil Case Cover Sheet (check with your court)
• FW-001 — Fee Waiver Request (if needed)
• MC-030 — Declaration of Diligent Search (if you cannot find the other parent)
• NC-121 — Proof of Service (your server fills this out after serving)
• Three copies of everything