Legal Question in Family Law in Arizona
I would like to change my 6 year olds daughters name to my new last name. I recently got married and I want her to have my last name. Her father has already stated that he will not give consent to it. He does pay child support but sees her at the most 2 times a year. He only pays because he is military and they make him. I believe it is in the best interest of my child to have her name as her stepdads. He has been raising her since she was 3 and she calls him dad. Will I be able to change her name? Her bio dads name is on her birth certificate but we were NEVER married so I feel it is only fair for her to have my name.
3 Answers from Attorneys
No. You will not be able to get it changed, short of father's parental rights being terminated such that he has no say. Once the child turns 18, she can change it herself. I'm sorry, that's just the way it is. Thank you for your question.
You ARE permitted to file a Petition for Change of Name of Minor. In that proceeding, you are permitted to argue that the change is in the child's best interests. Father must be served, and he is allowed to appear and defend. It may be difficult to get the name change over his objection. However, given your description, he may not make the effort to show up and contest.
Please come in soon. We can certainly help you consider and then pursue your options.
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 Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
I disagree with the first answer and agree in part with the second. I have witnessed many and participated in these hearings, and have been successful in the ones I did litigate. Based on what you have told us here, I believe he may show up and contest. We would be ready to vehemently argue as to why it is in your child's best interest to change the name.
We offer free 30 minute consultations both by phone and in person. I really hope we can help if you choose to move forward.
Carlie Owsley Walker
623-748-8973
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