9478 Satisfied customers
Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
Verified lawyers, 10+ years of experience
Save time and money. Get specialized help.
9478 Satisfied customers
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)?
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.
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.
Family Law? It may be considered an ancillary area of family law.
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?
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.
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.
Again, I am sorry and thank you for your feedback.