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  1. #1
    Join Date
    Dec 2019
    Posts
    1

    Default Birth Name Was Never Legally Changed

    My question involves name change laws in the State of: California I copied this following question from a closed thread and am reposting it because it describes my situation exactly. Thank you in advance for your advice.

    From member Whoami?

    It's long and confusing so beware.

    Ok so I'm 24 and my license is about to expire. So TODAY I find out that I was born (Name A), and rather than fully, legally changing my name (my mom wanted me to have her maiden name and to switch my first and middle names to create Name B), my mom decided to JUST change it with the social security people (cause back then you didn't need a court order for that, you just sort of signed up for the change). Ok so I grow up thinking my name is (Name B). Almost 4 years ago I got married changing my last name to (Name C). Now EVERYTHING (drivers license, ssc, credit, marriage license, mortgage, taxes, car, EVERYTHING) but my birth cert is in (Name C) which is still in (Name A). Now I find out that w/o a birth cert in (Name B) I can't renew my drivers license !!! And that EVERYTHING ELSE could be declared fraudulent as well!! How the HELL am I supposed to fix this!?!?! The people at the court house were of no help. The just said that if I did a legal change from (Name A) to (Name B) then my name would be (Name B) and NOT (Name C). If I did a legal name change from (Name A) to (Name C) then what would I do about my marriage license and stuff (that says Name B changes to Name C). Aaaaaaagggg! I have o clue where to start and my B#TCH of a mom just said, "well I don't think it really matters". UM YES IT DOES!!!!! I won't have a drivers license in 2 months!!!! What I really want is a birth cert in (Name B) and thus everything else would make perfect sense. But seriously, ANY actual legal solution will do!

  2. #2
    Join Date
    Nov 2019
    Posts
    7

    Default Re: Birth Name Was Never Legally Changed

    The California courts website -- courts DOT CA DOT gov -- has an explanation of and downloadable forms for filing a petition for a name change. Its on the pull-down menu under 'Self Help'

    It looks like you could address all of the name changes that you need in the same proceeding, and on the same petition, as long as you provide a full explanation of what happened and which names need to change.

    It might be helpful to speak with an attorney who practices in California to confirm that this would work.

    The California courts website does say that this process could take up to 3 months.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,718

    Default Re: Birth Name Was Never Legally Changed

    Quote Quoting Kealoha
    View Post
    My question involves name change laws in the State of: California I copied this following question from a closed thread and am reposting it because it describes my situation exactly. Thank you in advance for your advice.

    From member Whoami?

    It's long and confusing so beware.

    Ok so I'm 24 and my license is about to expire. So TODAY I find out that I was born (Name A), and rather than fully, legally changing my name (my mom wanted me to have her maiden name and to switch my first and middle names to create Name B), my mom decided to JUST change it with the social security people (cause back then you didn't need a court order for that, you just sort of signed up for the change). Ok so I grow up thinking my name is (Name B). Almost 4 years ago I got married changing my last name to (Name C). Now EVERYTHING (drivers license, ssc, credit, marriage license, mortgage, taxes, car, EVERYTHING) but my birth cert is in (Name C) which is still in (Name A). Now I find out that w/o a birth cert in (Name B) I can't renew my drivers license !!! And that EVERYTHING ELSE could be declared fraudulent as well!! How the HELL am I supposed to fix this!?!?! The people at the court house were of no help. The just said that if I did a legal change from (Name A) to (Name B) then my name would be (Name B) and NOT (Name C). If I did a legal name change from (Name A) to (Name C) then what would I do about my marriage license and stuff (that says Name B changes to Name C). Aaaaaaagggg! I have o clue where to start and my B#TCH of a mom just said, "well I don't think it really matters". UM YES IT DOES!!!!! I won't have a drivers license in 2 months!!!! What I really want is a birth cert in (Name B) and thus everything else would make perfect sense. But seriously, ANY actual legal solution will do!
    In order for your driver's license to be the new "Real ID" you do have to be able to demonstrate a legal trail to show how your name changed from your birth certificate to your current name. You need the "Real ID" in order to be able to fly or enter a federal building. However, at least in my state, you can still renew your driver's license without making it a "Real ID". So, if you cannot get your name situation through the courts before your DL expires, you might want to see if it can be renewed as a non "Real ID" until you can get everything settled in court.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Birth Name Was Never Legally Changed

    Quote Quoting Kealoha
    View Post
    What I really want is a birth cert in (Name B) and thus everything else would make perfect sense. But seriously, ANY actual legal solution will do!
    First of all, there's no fraud in any of this. California allows common law name usage which means that you can call yourself anything you like as long as there is no intent to commit crimes or defraud anybody.

    Seems to me you have two choices (that I can think of - might be others):

    1 - Go to court and change your name from whatever name you have now to the name that is on your birth certificate. That court order will get you your driver's license since your new legal name will match your birth certificate.

    2 - Go to court and change your name from your birth name to your current name and have your birth certificate amended in accordance with these instructions from the CA Dept of Public Health:

    https://www.cdph.ca.gov/Programs/CHS...e%20change.pdf

    Either way takes care of your driver license (and social security update) and you can still use whatever other names you have until it becomes convenient to update those records.

  5. #5
    Join Date
    Apr 2018
    Posts
    14

    Default Re: Birth Name Was Never Legally Changed

    Did you try going directly to the DMV with your marriage license, showing that you were changing your name?

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