Legal Question in Family Law in Arizona
changing last name of minor child to mothers married name
My 9 year old son would like to change his last name to my married name. I recently had a child and my son feels left out because his last name does not match everyone elses. His biological father has made no contact in over 4 years. (I have no idea where he is.) We were never married and my son's last name is hyphenated with my maiden name and his bio's last name. Can I change his last name without having to try and find his biological father myself and asking his permission? Will the courts do the dirty work? Thank you
1 Answer from Attorneys
Re: changing last name of minor child to mothers married name
Courts will not do the dirty work. You have 2 options:
1) Terminate bio's legal rights (forever)(but does not void his child support obligation), due to "abandonment". (Filed in Juvenile Court).
2) Petition to change child's name (Filed in Probate Court).
Either procedure would require that Father be served. However, if we truly cannot find him, we could seek permission to have him served via "publication".
Please contact me if you desire our assistance in either of the above.
/s/ Rich J. Peters, Attorney.
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