I'm looking for an attorney who can help with a name change, The name change process has been completed in California

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Customer: I'm looking for an attorney who can help with a name change
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The name change process has been completed in California this past June under confidential and seal as I am enrolled in the Safe at Home program but the judge forgot to make two directions to the office of vital records and now she is saying that she does not know how to unseal the case. So, I live here in Douglas county, co and I need help making those amendments
JA: Have you talked to a lawyer about this yet?
Customer: Nope
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Simple amendments done under seal
Answered by SuccEsq in 4 hours 1 year ago
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SuccEsq
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SuccEsq, Expert

Hello, and welcome to JustAnswer, my name is Henry.   I am an attorney with JustAnswer and I will do my best to assist you with your legal question regarding unsealing your name change case.  I am sorry that you are going through this difficult situation, especially considering what you must have gone through to need the name change.  Please allow me some time to review your question , and research your answer, so that I may better assist you.  I may also be assisting another customer now or between responses but I will get back to you soon.

For clarification, is the CA judge saying they don’t know how to  unseal the order, or a judge in CO?

Are you going to be able to go back to CA to appear at any hearings (if necessary)?

Customer
It's a judge in Shasta County, California. She says she does not know how to unsealed nor does she think she has the authority to do what I'm asking which is:
1. Direct the Office of vital records to seal my original birth cert (which is a requirement by law that I was supposed to have her do) and
2. Name my original birth name, not the name I had that I changed for the office of vital records and that direction is supposed to apply to my kids who were born in Douglas County...Another reason why I was hoping a CO judge could do the amendments to the name change.But the office of vital records won't even give me a new birth cert without the above, regardless of sealing it or not so this judge is killing me.We are supposed to be moving out of our current apt and into a new one. I've extended twice but we need to leave. I can't get a new apt without this birth cert... no drivers license.
Customer
They have not allowed appearances because of covid so it doesn't matter where I am but yes I could go back. Also, the Safe at Home program managers suggested that > contact the DA is Shasta or as the Clerk of Court for a different judge. The DA has no clue about this program so can't help. The clerk if court will not return my calls and it's been a month of multiple messages. They are just too small of a town and all seem to be sharing the same brain cells...
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SuccEsq, Expert

I am so sorry that you are having so much difficulty.  This must be frustrating. To get any judge to unseal the court order you have to file a motion.  The statute governing that process is found here:

h) Motion, application, or petition to unseal records

(1)  A sealed record must not be unsealed except on order of the court.

(2)  A party or member of the public may move, apply, or petition, or the court on its own motion may move, to unseal a record. Notice of any motion, application, or petition to unseal must be filed and served on all parties in the case. The motion, application, or petition and any opposition, reply, and supporting documents must be filed in a public redacted version and a sealed complete version if necessary to comply with (c).

(3)  If the court proposes to order a record unsealed on its own motion, the court must give notice to the parties stating the reason for unsealing the record. Unless otherwise ordered by the court, any party may serve and file an opposition within 10 days after the notice is provided and any other party may file a response within 5 days after the filing of an opposition.

(4)  In determining whether to unseal a record, the court must consider the matters addressed in rule 2.550(c)-(e).

(5)  The order unsealing a record must state whether the record is unsealed entirely or in part. If the court's order unseals only part of the record or unseals the record only as to certain persons, the order must specify the particular records that are unsealed, the particular persons who may have access to the record, or both. If, in addition to the records in the envelope, container, or secure electronic file, the court has previously ordered the sealing order, the register of actions, or any other court records relating to the case to be sealed, the unsealing order must state whether these additional records are unsealed.

Filing the motion will force the court to have to address the issue of whether or not they can unseal the order.  Once it’s unsealed then you can request the court enter the specific orders you need.  Whether or not they have the authority to order vital records to do something is a different issue.

Customer
you are using logic and facts here but the judge can say what she did. I filed a complaint. She doesn't know how to unseal.So, is there a way to petition a new court to give the direction to the office of vital records as a new case?these rules also don't really apply to to Safe at Hone program. This was almost a secret case. I wasn't required to file in a newspaper or do any other the normal name change requirements. I filled out the forms and that was that.Is this something you or your firm might be able to help me with?
Customer
also, thank you for the kind words
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SuccEsq, Expert

You would have to find the legal authority giving the judge the power to direct Vital records, and or Vital records requirement to accept the name change as is (without the additional requirements).  As this will require legal research into the applicable laws and or court cases that authorize this, I’d suggest retaining an attorney who can do that research.

Customer
I already have the paperwork from vital records and the sage at home program that states this must me done by the Court. And isn't this family law that does name change?
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SuccEsq, Expert

Family Law? It may be considered an ancillary area of family law.

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SuccEsq, Expert

Hello, again.  I hope you are having a good day.   I just wanted to check in with you to see if you have any further questions or comments regarding your question, or my responses?

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SuccEsq, Expert

Hopefully, you found my response to your question helpful.   If you have any further questions or comments based on my responses please let me know.  If not, I hope your situation works out to your satisfaction and is resolved quickly.

Customer
No , I sure did not. You didn't answer my question at all.
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SuccEsq, Expert

I am sorry you feel that you did not feel my answers helped.  If you have a specific question or comment please let me know.

Customer
They didn't apply to my situation at all. I also asked for help from your lawfirm and since you couldn't produce that type of attorney I would need, I don't trust your answer about the topic. You can't know one and not the other
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SuccEsq, Expert

Again, I am sorry and thank you for your feedback.

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