Legal Question in Family Law in Arizona

I have a 5 1/2 year old daughter. Her biological father is not in the picture except that child support is received through garnishment. She does not know who he is and believes that my husband is her father. My husband and I have been together for 4 years and have a 2 1/2 year old daughter together but we have only been married for 2 months. My husband plans to adopt my 5 year old and the biological father has agreed to let him but apparently we have to be married a year before we can do this. My question is, is it possible to change her last name, which is her biological fathers last name, to my married name, now before she starts kindergarten. She believes her last name is already my husbands and now my last name, so can it be done legally before she is adopted? The natural father has agreed to let her name be changed if it is possible.

Thank you,

Katrina


Asked on 5/15/10, 6:49 am

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Yes, if the biological father consents to the name change, then you can do this through the court separate from and prior to the adoption. A name change is filed in civil court (there should be forms available through your courthouse), and involves an application (including the other parent's consent) and a brief hearing. I don't know how long it will take the court to set the hearing, so you will want to file for the name change as soon as possible.

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Answered on 5/20/10, 7:33 am
Rich Peters R.J. Peters & Assoc., P.C.

Yes, you could change her name prior to adoptiopn, but you must act quickly if KG starts in August!

We can certainly help you consider the name change.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 5/20/10, 1:49 pm


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