Legal Question in Family Law in Arizona
I want to change my 8 year olds last name to my husbands last name. His real father abandoned him at birth and has never been in contact with us. I don't know his where abouts. Can I do this myself?
2 Answers from Attorneys
You do not have to hire an attorney to file an action to change your child's name; however, you will have to carefully follow the instructions that go along with the forms provided on the Maricopa County Superior Court website. Here is the link: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CivilCases/civil_cvncm1.asp
Although you do not know the father's whereabouts, you must still go through steps to attempt to provide him with "notice" of the proceedings before your son's name can be changed. The instructions in the link above will give you more information.
If the father has abandoned your son, you might also want to consider legally terminating the father's parental rights and proceeding with having your husband adopt him. The adoption would result in a name change, and it would create a legal relationship between your husband and your son. This is a more involved process, but you may want to consider it as a long-term option. We offer a free consultation, so please feel free to contact us to learn more about this.
This should be a simple process, and you can do such yourself with forms found at the the Maricopa County self-service center.
You may also want to consider TERMINATING bio-dads rights, which would free up the child for adoption if that interested you.
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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. 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