In re: Furtado

CASE NUMBER: 26CV-0210015 Tentative Ruling on Petition for Change of Name: Petitioner Michelle Furtado seeks to change the name of her minor son. Proof of publication is on file. However, when a petition to change the name of a minor is brought by one parent only, the nonconsenting parent must be personally served with the notice of hearing or order to show cause at least 30 days before the hearing date. See CCP § 1277(a)(4). In the alternative to personal service, the Court may order notice be given in another manner the Court determines is reasonably calculated to give actual notice to the non-consenting parent. CCP § 1277(a)(4). No proof of service is on file.

Petitioner has filed a Declaration detailing her efforts to locate and serve the father. The Court has considered the Declaration and finds that Petitioner has made reasonable efforts to locate and serve the father without success. The evidence establishes that the father is traveling extensively outside of the country with no known contact information or consistent residence address. Therefore, the Court finds that notice by publication is the best available method and is reasonably calculated to give actual notice to the non-consenting parent.

All procedural requirements of CCP §§ 1275 et. seq. have been satisfied. The Petition is GRANTED. All future dates will be vacated, and the file closed upon the processing of the Decree Changing Name.

GEROSIN, ET AL. VS. REDDING SENIOR LIVING LLC, ET AL.