An application for a change of name generally must be made by a petition. Alternatively, it may be made in an action under the Uniform Parentage Act under Fam. Code § 7638.
A petitioner seeking a change of name is required to initiate the proceeding in the county of residence of the person whose name is to be changed; but there is an exception when the petitioner is guardian of the minor appointed by probate or juvenile court.
When the petition is filed, the court makes an order to show cause why the application should not be granted. The order is to be directed to all persons interested in the matter (i.e. the other parent of the minor child).
The order must direct all persons interested in the matter to make known any objections they have to the granting of the petition by filing a written objection, including the reasons for the objection, at least two court days before the matter is scheduled to be heard, and by appearing at the hearing to show cause why the petition should not be granted. The order must state that, if no written objection is timely filed, the court may grant the petition without a hearing.
A copy of the order to show cause must be published a newspaper of general circulation that is designated in the order, if a newspaper is printed in the county in which the court is located. If no newspaper is printed in the county, a copy of the order must be posted by the clerk of the court in three of the most public places in that county.
Four weekly publications of the order are sufficient. If publication is in a daily newspaper, publication once a week for four successive weeks is sufficient.