In any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if living, do not join in consent, the court may deny the petition in whole or in part if it finds that any portion of the proposed name change is not in the best interest of the child.
§ 1278.5.Parents Do Not Join In Consent In Proceeding to Change Minor's Name
Title 8. Change of Names · Last amended 2007 · Last verified July 29, 2026
In one sentenceSection 1278.5 lets a court deny, in whole or in part, a petition to change a minor's name when both living parents haven't joined in consenting to it, if the court finds that any part of the proposed change isn't in the child's best interest.
Full Text of § 1278.5
Plain-English Summary
Parents don't always agree on a child's name change, and this short section gives the court a tool for that disagreement. When a petition for a minor's name change is filed and both living parents haven't joined in consenting to it, the court isn't bound to grant the petition as written.
Instead, the court can deny the request entirely, or grant only the part of it that serves the child's interests, whenever it finds that some portion of the proposed change wouldn't be in the child's best interest. The standard is the child's welfare, not which parent asked first or which parent objects.
Frequently Asked Questions
What happens if only one parent consents to a child's name change?
Section 1278.5 lets the court deny the petition in whole or in part if it finds that any portion of the proposed name change isn't in the child's best interest.
Can a court grant part of a name-change petition and deny the rest?
Yes. The court can grant only the portion of the requested change that serves the child's best interest.
What standard governs the court's decision when parents disagree?
The best interest of the child.
Amendment History
Amended by Stats 2006 ch 567 (AB 2303),s 13, eff. 1/1/2007.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: parent disagreement child name change californiabest interest of child name change