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The NC 120 form is a critical document used in California for individuals seeking to change their name through the court system. This form serves as a petition, allowing people to legally request a change and provides the necessary details regarding the current and proposed names. It includes essential information such as the petitioner's name, contact details, and the specific court handling the case. Furthermore, the NC 120 outlines the hearing process, notifying interested parties about their right to object. If no objections are filed within the specified time frame, the court may approve the name change without holding a hearing. Additionally, it mandates that the Order to Show Cause be published in a local newspaper for four consecutive weeks prior to the hearing. The form emphasizes the importance of proper notice, particularly when related to minors, mandating that parents and guardians be informed about the proceedings. Understanding the components and requirements of the NC 120 form is vital for anyone looking to successfully navigate the name change process in California.

Nc 120 Example

NC-120

PETITIONER OR ATTORNEY (Name, State Bar number, and address):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOR COURT USE ONLY

 

 

 

 

 

 

 

 

 

 

To keep other people from

 

 

 

 

 

 

 

 

 

 

seeing what you entered on

 

 

 

 

 

 

 

 

 

 

your form, please press the

 

 

 

 

 

 

 

 

 

 

Clear This Form button at the

 

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

 

 

 

 

end of the form when finished.

 

E-MAIL ADDRESS (Optional):

 

 

 

 

 

 

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PETITION OF (Name of each petitioner):

 

 

 

 

 

 

 

 

 

 

 

 

FOR CHANGE OF NAME

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER TO SHOW CAUSE FOR CHANGE OF NAME

 

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TO ALL INTERESTED PERSONS:

 

 

 

 

 

 

 

1. Petitioner (name):

 

 

 

 

 

filed a petition with this court

 

for a decree changing names as follows:

 

 

 

 

 

 

 

 

 

 

Present name

 

 

 

 

 

Proposed name

 

a.

 

 

 

to

 

 

 

 

 

b.

 

 

 

to

 

 

 

 

 

c.

 

 

 

to

 

 

 

 

 

d.

 

 

 

to

 

 

 

 

 

e.

 

 

to

 

 

 

 

 

 

Continued on Attachment 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.THE COURT ORDERS that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

NOTICE OF HEARING

a. Date:

 

 

 

Time:

 

 

 

 

 

Dept.:

 

 

 

Room:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. The address of the court is

 

same as noted above

 

other (specify):

 

 

 

 

 

 

 

 

 

 

3. a.

b.

Date:

A copy of this Order to Show Cause shall be published at least once each week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county (specify newspaper):

Other (specify):

JUDGE OF THE SUPERIOR COURT

NOTE: When a Petition for Change of Name has been filed for a child and the other parent, if living, does not join in consenting to the name change, the petitioner must have a notice of the time and place of the hearing or a copy of the Order to Show Cause served on the other parent not less than 30 days prior to the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40. If a petition to change the name of a child has been filed by a guardian, the guardian must (1) provide notice of the hearing to any living parent of the child by personal service at least 30 days before the hearing, or (2) if either or both parents are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less than 30 days before the hearing under Code of Civil Procedure section 413.10, 414.10, 415.10, or 415.40. (This Note is included for the information of the petitioner and shall not be included in the Order to Show Cause published in the newspaper.)

Form Adopted for Mandatory Use

ORDER TO SHOW CAUSE

Judicial Council of California

FOR CHANGE OF NAME

NC-120 [Rev. July 1, 2007]

 

(Change of Name)

For your protection and privacy, please press the Clear This Form

 

 

button after you have printed the form.

 

 

Save This Form

 

 

 

 

Code of Civil Procedure, § 1277

Print This Form Clear This Form

Form Characteristics

Fact Name Details
Purpose The NC-120 form is used to file a petition for a change of name in California. This form initiates a legal process that requires notification of interested parties and a court hearing.
Governing Law The process for changing a name in California is governed by the California Code of Civil Procedure, specifically sections 1275 through 1289.
Notification Requirements Interested persons must be notified of the change of name petition and are entitled to object. Written objections must be filed at least two court days before the hearing.
Publication Requirement The Order to Show Cause must be published at least once a week for four weeks in a newspaper of general circulation in the county where the petition is filed.

Guidelines on Utilizing Nc 120

After gathering all necessary details, it is time to fill out the NC-120 form. This form is vital for initiating a process related to a change of name. Ensure that all information is entered clearly and accurately.

  1. Start by entering the name, state bar number, and address of the petitioner or attorney at the top of the form.
  2. Fill in the telephone number and, if applicable, the fax number and email address.
  3. State the name of the attorney representing the petitioner, if there is one.
  4. Provide the street address, mailing address, city, and zip code of the court.
  5. Enter the name of each petitioner requesting the name change.
  6. Indicate the present name and proposed name for each petitioner. If there are multiple names, be sure to list them accordingly.
  7. Set the date, time, department, and room for the hearing. This information must be clear for all interested persons.
  8. Specify the newspaper of general circulation where the Order to Show Cause will be published for four successive weeks prior to the hearing.
  9. Sign and date the form to complete the petition.
  10. Finally, press the "Clear This Form" button once you have printed the completed form to protect your privacy.

What You Should Know About This Form

What is the NC-120 form used for?

The NC-120 form is used to petition the court for a change of name in California. This formal request allows individuals to legally change their names and provides the necessary documentation for the court to review the name change. Additionally, it outlines the process for notifying interested parties and includes details about the court hearing.

Who can file an NC-120 form?

Any person who wishes to change their name can file the NC-120 form. This can include adults seeking to change their own names or guardians filing on behalf of a child. However, if the name change involves a child and one parent does not consent, specific procedures must be followed, including serving notice to that parent.

What information is required on the NC-120 form?

The form requires the petitioner’s name, address, and contact information. It also asks for the current and proposed name(s) of the petitioner(s). Additionally, the form must include details about the court hearing, such as date, time, and location. If a child’s name is being changed, information regarding the other parent may also be necessary.

What happens if someone objects to the name change?

If anyone wishes to object to the name change, they must submit a written objection at least two court days before the scheduled hearing. This objection should clearly state the reasons for the objection. Those who object must also appear at the hearing to explain their concerns to the court.

How is the notice of the hearing communicated to interested persons?

The NC-120 form includes provisions for notifying interested persons about the hearing. A copy of the Order to Show Cause must be published in a local newspaper at least once per week for four consecutive weeks before the hearing date. This ensures that the community is informed about the petition and has the opportunity to respond if necessary.

What is the time frame for filing objections?

Individuals who wish to object to the name change must file their written objections at least two court days prior to the hearing. It is crucial to adhere to this timeline, as failure to do so may result in the court granting the petition without a hearing if no objections are received.

Is it necessary to appear in court for the name change?

If no written objections are filed, the court may grant the name change without requiring a court appearance. However, if there are objections or if the court requires further clarification, then attending the court hearing becomes necessary for all parties involved.

What happens after the NC-120 form is filed?

Once the NC-120 form is submitted, a court date for the hearing is set, and interested parties are notified. The court will review the petition and any objections during the hearing, which ultimately determines whether the name change will be granted.

What should be done after completing the form?

After completing the NC-120 form, it should be printed and submitted to the court. Be sure to follow up on publishing the notice in a local newspaper if required. After submission, anticipate the court hearing date and prepare any necessary documentation or statements if objections are expected.

Common mistakes

Filling out the NC-120 form for a name change can seem straightforward, but there are common mistakes that can cause delays or complications. One common error is providing incomplete information. It's essential to fill in all required fields fully. Omitting details like addresses or contact information can lead to unnecessary setbacks later in the process.

Another frequent mistake is not including the correct proposed name. When listing the name changes, ensure that the spelling is accurate. A single typo may lead to confusion or rejection of the petition, so it’s better to double-check this part of the form before submission.

People also often overlook the notice requirements. If the petition involves changing a child’s name, the other parent must receive notice. Failing to serve this notice correctly can affect the validity of the petition. It's crucial to understand the timelines involved and ensure that the notice is sent out at least 30 days before the hearing.

Some individuals forget to check the publication requirements. Per California law, an Order to Show Cause must be published in a newspaper for four successive weeks before the hearing. Neglecting this obligation can result in the court denying the petition due to insufficient notice being given to the public.

Lastly, there’s often confusion regarding objections. If someone wishes to object to the name change, they must file a written objection two days before the hearing. People often miss this deadline or fail to understand what constitutes a valid objection. Proper filing ensures that the objection is considered and does not disrupt the hearing schedule.

Documents used along the form

When navigating the process of a name change in California, several additional forms and documents may accompany the NC-120 form. These documents help ensure that the process is transparent and that all parties are appropriately informed. Below is a brief overview of some commonly used forms and documents.

  • NC-110: Petition for Change of Name - This form is used to officially request a change of name. It provides detailed information about the petitioner and the name change being requested.
  • NC-130: Declaration of Public Use of Name - If the petitioner has been using their new name publicly, this declaration outlines how long and in what contexts the name has been used.
  • NC-140: Order for Change of Name - This is the form used by the court to finalize the name change after the petition is approved. It serves as the official record of the new name.
  • Proof of Publication - This document is evidence that the required notice of the name change petition has been published in a newspaper, as mandated by law.
  • NC-150: Notice of Change of Name - A form that may be sent to relevant governmental agencies or private institutions to update the change of name in their records.
  • NC-200: Request for Waiver of Court Fees - For individuals who may struggle with court costs, this form requests a fee waiver to ensure access to the legal process without financial burden.

In understanding these various forms and documents, individuals can better prepare for the procedure surrounding a name change. Careful completion and timely submission of each document can facilitate a smoother transition to the new name.

Similar forms

The NC-120 form is primarily used for filing a petition for a change of name in California. Several other documents serve similar purposes or share comparable features. Below is a list of ten documents that relate to the NC-120 form, each with a brief explanation:

  • Change of Name (Adult) Petition: This document is specifically for adults seeking to change their names. It requires a court hearing and outlines similar procedures to those found in the NC-120 form.
  • Change of Name (Minor) Petition: Intended for parents filing a name change for their child, this form also necessitates a court hearing and follows procedures akin to those outlined in the NC-120.
  • Judgment for Change of Name: After a name change petition is granted, this document records the court's final order allowing the name change, reflecting the outcome sought in the NC-120.
  • Order to Show Cause for Change of Name (Minor): Similar to the NC-120 but specific for minors, this document allows for the necessary court hearing when a name change is requested for someone under 18.
  • Notice of Hearing: This document informs interested parties of an upcoming hearing regarding a name change petition. It establishes a requirement for similar notification found in the NC-120.
  • Proof of Service: Used to prove that relevant parties received notice of the name change petition, this document parallels the requirement to notify others, similar to the NC-120.
  • Request for Name Change Confidentiality: This form may be filed alongside or following the NC-120 to request confidential treatment of sensitive information during the name change process.
  • Petition for Restoration of Name: Individuals who wish to restore a previous name after a divorce or other circumstances would complete this petition, which mirrors the request structure in the NC-120.
  • Order Granting Name Change: Once approved, this document is issued by the court to officially recognize the name change, reflecting the culmination of the process initially started with the NC-120.
  • Application for Additional Time to File Objection: This form allows interested parties to request an extension to file any objections to a name change, a process connected to the hearings described in the NC-120.

Each of these documents shares common themes with the NC-120 form, primarily aimed at facilitating legal name changes while ensuring proper notice and court procedures are followed.

Dos and Don'ts

When filling out the NC-120 form, there are several important guidelines to keep in mind. Here’s a list of things you should and shouldn't do.

  • Do read the instructions carefully before starting.
  • Do provide complete and accurate information.
  • Do keep a copy of the filled-out form for your records.
  • Do check for any additional requirements for name changes in your county.
  • Do submit the form by the deadline specified by the court.
  • Don't leave any blank spaces unless instructed to do so.
  • Don't forget to include the names of all petitioners.
  • Don't submit the form without reviewing it for errors.
  • Don't ignore the requirement for public notice of the hearing.
  • Don't forget to consult with a legal professional if you have questions.

Misconceptions

Misconceptions about the NC-120 form can lead to confusion and missteps in the name change process. Below is a list of common misunderstandings along with clarifications:

  • It is only for adults. The NC-120 form can also be used to request a name change for minors. Parents or guardians can file on behalf of their children.
  • No need for public notice. The court requires that the Order to Show Cause be published in a newspaper for four consecutive weeks before the hearing. This is important for public awareness.
  • Anyone can object without limitations. Only individuals who have a legitimate interest in the name change, such as family members, may file objections. They must do so in writing, including reasons, at least two court days before the hearing.
  • Objections do not require attendance. Those who file an objection must appear at the court hearing to present their case. Failure to appear may lead to the petition being granted without further discussion.
  • Changing a name is automatic. The court will not automatically grant the name change. A hearing will be held, and the petitioner must demonstrate valid reasons for the change.
  • Legal representation is mandatory. While it is beneficial to have an attorney, individuals can represent themselves when filing the NC-120 form. Legal counsel is not required.
  • It’s only for serious circumstances. People change names for various reasons, including marriage, divorce, or personal preference. The form can accommodate different motivations.
  • Filing the form guarantees approval. The approval of the petition is at the court's discretion. They will consider any objections and the reasons provided before making a decision.
  • All name changes are permanent. If circumstances change, it is possible to change a name again in the future. The NC-120 form is one step within a process that can be revisited.

Understanding these key points can help ensure a smoother process for those seeking a name change through the NC-120 form.

Key takeaways

When using the NC-120 form, keep these important points in mind:

  • Complete all fields: Provide accurate information including your name, address, and contact details to ensure the court can reach you.
  • Understand the purpose: This form is a petition for a change of name and outlines the legal requirements for the process.
  • Notify interested parties: All individuals who may have a stake in the name change must be informed about the proceedings.
  • File objections timely: If someone wishes to object to the name change, they must submit their reasons at least two court days before the scheduled hearing.
  • Publication requirement: You must publish the Order to Show Cause in a newspaper for four consecutive weeks before the hearing date.
  • Be mindful of child name changes: If changing a child’s name, ensure that notice is served to the other parent, if applicable, at least 30 days prior to the hearing.
  • Clear sensitive information: After filling out the form, press the "Clear This Form" button to protect your privacy.
  • Check hearing details: Review the date, time, and location of your court hearing to ensure you do not miss it.