§ 1278.Hearing

Title 8. Change of Names · Enacted 2017 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1278 requires a hearing only when someone timely objects with good cause, otherwise letting the court grant the petition without one, while withholding a confidential petitioner's proposed name unless the underlying safety allegations are shown false and requiring a best-interest finding before a guardian's petition can be granted.

Full Text of § 1278

Text sizeJump to: (a) (b) (c) (d) (e)

(a)

(1) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by a person who can, in those objections, show to the court good cause against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court may deem right and proper.

(2) If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted.

(b) If the provisions of subdivision (b) of Section 1277 apply, the court shall not disclose the proposed name unless the court finds by clear and convincing evidence that the allegations of domestic violence, stalking, or sexual assault in the petition are false.

(c) If the application for a change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), the hearing on the issue of the change of name shall be conducted pursuant to statutes and rules of court governing those proceedings, whether the hearing is conducted upon an order to show cause or upon trial.

(d) If the petition for a change of name is filed by a guardian on behalf of a minor ward, the court shall first find that the ward is likely to remain in the guardian's care until the age of majority and that the ward is not likely to be returned to the custody of the parents. Upon making those findings, the court shall consider the petition and may grant the petition only if it finds that the proposed name change is in the best interest of the child.

(e) This section shall become operative on September 1, 2018.

End

Plain-English Summary

This section governs what happens at, or instead of, the name-change hearing. If nobody files an objection at least two court days before the scheduled date, the court can grant the petition without holding a hearing at all. If someone does object and shows good cause, the court holds the hearing, can question the petitioner and anyone objecting under oath, and then either grants the change or dismisses the petition, as it sees fit.

For petitioners proceeding confidentially under § 1277(b) -- those fleeing domestic violence, stalking, or sexual assault -- the court has to protect the proposed name even at this stage. It can't disclose that name unless it finds, by clear and convincing evidence, that the safety allegations in the petition are false. A parentage-related name change under the Uniform Parentage Act instead follows whatever procedural rules already govern that kind of case, whether the issue comes up by order to show cause or at trial.

Guardian-filed petitions get an extra layer of scrutiny. Before the court can even consider granting one, it has to find that the child is likely to stay in the guardian's care until adulthood and unlikely to return to a parent's custody. Only after making those findings can the court weigh whether the name change itself serves the child's best interest -- and it can grant the petition only if it does.

Frequently Asked Questions

Is a hearing always required for a name-change petition?

No. If no written objection is filed at least two court days before the scheduled hearing, the court may grant the petition without a hearing, under § 1278(a).

How does the court protect a confidential petitioner's proposed name at the hearing?

It can't disclose the proposed name unless it finds by clear and convincing evidence that the domestic violence, stalking, or sexual assault allegations in the petition are false.

What must a guardian prove before a minor's name can be changed?

First, that the child is likely to remain in the guardian's care until adulthood and unlikely to be returned to the parents' custody; then, that the proposed name change is in the child's best interest.

How is a Uniform Parentage Act name-change hearing conducted?

Under the statutes and rules of court that already govern that parentage proceeding, whether by order to show cause or at trial.

Amendment History

Added by Stats 2017 ch 853 (SB 179),s 7, eff. 1/1/2018.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: name change hearing californiacontested name change objectionguardian name change best interest