2018-00233132-CU-PT

In Re: MaryJane Kathleen Cardenas

Nature of Proceeding: Petition for Change of Name

Filed By: Fly, Tiffany

The hearing on the Petition for Change of Name of Minor Mary Jane Kathleen Cardenas is hereby CONTINUED to 2pm on November 8, 2018 in this Department, and the matter is hereby referred to the Family Law Mediator for a report — taking into account the best interests of the minor — to be prepared for the Court’s review prior to the continued hearing date.

The sole consideration for a name change is whether it is the child’s best interests. (

Donald J. v. Evna M. (1978) 81 Cal. App. 3d 929, 937.) Adoption of a “best interest” test is but an evolutionary change in the state’s rules for resolving parental disputes over children’s surnames. (In re Marriage of Schiffman (1980) 28 Cal.3d 640, 646.) The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.” (§ 7002.) The major premise is that “. .

. regardless of the marital status of the parents, all children and all parents have equal rights with respect to each other.” (U. Parentage Act, § 2, Comrs. com.)

Petitioner is the minor’s mother, and she checked the box on the Petition stating that the requested name change is being made by the “mother only.” The Petition is not signed by the minor’s biological father, but Petitioner filed a Proof of Service reflecting mail-service of the papers on the minor’s father, and also filed a Proof of Publication in the Elk Grove Citizen. (Register of Action Nos. 4, 9.)

Code of Civil Procedure § 1277 provides, in pertinent part “If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days prior to the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to sections 413.10, 414.10, 415.10, or 415.40.”

The biological father of the minor has apparently received notice of the requested name change, and on June 13, 2018, he filed a Response to the Petition (Register of Actions No. 8) and therein expressed that he does not consent to the requested name change. The biological father asks the Court to deny the requested name change. The biological father represents that he is currently incarcerated and working to change his ways, and that he does not agree that his daughter’s name should be changed.

Given that both parents do not consent to the name change, the Court hereby refers the matter out to the Family Law Mediator for a report — taking into account the best interests of the minor — to be prepared for the Court’s review prior to the continued hearing date of November 8, 2018. (In re Marriage of Schiffman (1980) 28 Cal.3d 640, 647.) Petitioner mother and non-consenting father shall promptly contact Family Court Services at (916) 875-2600 to schedule a mediation by the Family Law Mediator. The Court anticipates that the mediation would need to occur telephonically given the incarceration of the non-consenting father.

Depending on the timing of the Family Law Mediation, if it is necessary to further continue the hearing date beyond November 8, 2018, Petitioner shall file a request with the Court seeking a further continuance. A copy of the Family Law Mediator’s report shall be filed in this case as soon as the report is final.

Clerk of the Court shall serve copies of this Order on Petitioner and on the non-consenting father:

Tiffany Kathleen Fly

4421 Coppola Circle
Elk Grove, CA 95757
(Petitioner and Minor’s Mother)

Arthur Cardenas (#17485085)

USP Pollock

PO Box 2099

Pollock, LA 71467
(Minor’s Non-Consenting Father)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.