Returning to Surname on Birth Certificate: NC-1XX Packet Rejection By Clerk

[ElkGroveSteve]

Jurisdiction

California

I have submitted my NC-1XX name change packet twice to the Clerk for Superior Court of Sacramento County, and it was sent back twice now with form errors. (Sometimes I think that law school may be all about acquiring the facility to fill out templated forms.) I have been given conflicting advice it seems by the clerk in rejection.

This is about a name change for me (petitioner), my wife, and my adult daughter, all living in the same household. It actually restores the surname on my birth certificate: back in 1968, my mother imposed her 2nd husband's surname on her children, so I had been using this surname for 50+ years. My father still lives and the name change always affected him, and my wife and daughter are pushing me to restore it. Hence the petition.

On the form is the petitioner name and proposed name. But the clerks say I should put my birth name as petitioner name, and my proposed name as the target name. I believe they are confused in thinking I am trying to change my birth name. Plus I have the added difficulty of how to fill out the NC-110 form for each person: there is a part of signing for each petitioner, but are my wife and adult daughter petitioners if my name is the only name in the petitioner box?

 

[army judge]

Sometimes I think that law school may be all about acquiring the facility to fill out templated forms.

I intended to respond with an appropriate answer UNTIL I read your general insult.

I choose to offer no useful response to those who choose to insult me and members of one of my chosen professions.

 

[justblue]

I intended to respond with an appropriate answer UNTIL I read your general insult.

I choose to offer no useful response to those who choose to insult me and members of one of my chosen professions.

I don't know, Judge. I think the OP meant that one may need a JD to know how to fill out the forms because they are complicated (in his opinion). I don't see that he intended any insult.

@ElkGroveSteve You may find it expeditious to sit down with an attorney to fill out the forms. The State Bar will be able to refer you to an attorney in your area.

 

[ElkGroveSteve]

I don't know, Judge. I think the OP meant that one may need a JD to know how to fill out the forms because they are complicated (in his opinion). I don't see that he intended any insult.

@ElkGroveSteve You may find it expeditious to sit down with an attorney to fill out the forms. The State Bar will be able to refer you to an attorney in your area.

I intended to respond with an appropriate answer UNTIL I read your general insult.

I choose to offer no useful response to those who choose to insult me and members of one of my chosen professions.

I must have worded that badly and am sorry. I did not intend that as an insult. My intended meaning was just as JustBlue expressed it. I will be careful not to insert tangents or pointless thoughts and notions in posts in the future.

 

[adjusterjack]

On the form is the petitioner name and proposed name. But the clerks say I should put my birth name as petitioner name, and my proposed name as the target name.

That's why court clerk's should be seen and not heard.

I'm looking at the NC-100 right now.

Line 1. Petitioner (present name): ________

If you are John Smith now and your were John Jones on your birth certificate and want to be John Jones then your "present name" is John Smith and your "proposed name" is John Jones.

If you can't convince the clerk (Listen clerk, what part of "present name" don't you understand?), try talking to a supervisor.

Even the statute CA Code of Civil Procedure Section 1276(a) refers to "present name."

Codes Display Text

One thing that you are doing wrong is trying to get all three of you on the same petition. According to the instruction packet:

"The petition may be used to change your own name and, under certain circumstances, the names of others (e.g., children under 18 years o age.)

The statute also seems to imply one petition per adult person.

By the way, I don't think you need to go to court to use your birth surname as long as your mother didn't get a court order changing your surname.

Simply take your birth certificate to the DMV, SSA, and get your DL and SS card updated. Then send notice to anyplace else to correct your name to _______.

According to the statute Section 1279.5(a):

"...this title does not abrogate the common law right of a person to change his or her name."

And 1279.6(a) and (b):

"No person engaged in a trade or business of any kind or in the provision of a service of any kind shall do any of the following:

(a) Refuse to do business with a person, or refuse to provide the service to a person, regardless of the person's marital status, because he or she has chosen to use or regularly uses his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership.

(b) Impose, as a condition of doing business with a person, or as a condition of providing the service to a person, a requirement that the person, regardless of his or her marital status, use a name other than his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership, if the person has chosen to use or regularly uses that name."

However, if the DMV and SSA get sticky about it you may still have to file your petition.

That leaves your wife and daughter. If they want a court ordered name change they should each file their own petition.

 

[zddoodah]

I have submitted my NC-1XX name change packet

Not sure why you x-ed out the form number. The Petition is Judicial Council form NC-100.

I have been given conflicting advice it seems by the clerk in rejection.

Court clerks are prohibited by law from giving legal advice.

On the form is the petitioner name and proposed name. But the clerks say I should put my birth name as petitioner name, and my proposed name as the target name.

The form clearly tells you to put your PRESENT name in the caption, line 1 and the left side of line 2a. You then put your PROPOSED name in the right side of line 2a.

Plus I have the added difficulty of how to fill out the NC-110 form for each person: there is a part of signing for each petitioner, but are my wife and adult daughter petitioners if my name is the only name in the petitioner box?

You can petition to change the name of a minor child, but your wife and adult daughter will have to do their own petitions. Read the Instructions for Filing a Petition for Change of Name, item #2 "Whose Name May Be Changed." Also review the relevant statutes: Code of Civil Procedure section 1275, et seq.

If you can't convince the clerk (Listen clerk, what part of "present name" don't you understand?), try talking to a supervisor.

For the OP's benefit: The clerk has no role other than to accept the form for filing. The clerk may reject a document that fails to contain required information or things like what's noted below, but the clerk may not scrutinize whether the information is correct or the form has been properly filled out. Can you scan and upload the rejected form with the clerk's reject notice (and with all names redacted)?

One thing that you are doing wrong is trying to get all three of you on the same petition.

Yeah...I'm guessing that's the reason for the rejection.