Legal Question in Family Law in Arizona

Re: Custody and name change never married

Thank you for your inquiry.

Under ARS 25-803(D), "In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal custody unless otherwise ordered by the court."

This means that you have custody of your son, and if the father wants to pursue any type of custodial rights, he must file an action through the court to do so.

There are only two ways to change the child's name, and both of them may require the father's consent. (1) if there is a paternity action filed in the court to establish custody, visitation, child support, etc., you can ask for the name to be changed at that time. (2) you can file an action in civil court to change the child's name, but you must either have the father's consent, or you must serve him with the papers and allow him an opportunity to object at the hearing.

I hope this information is useful.

Sincerely,

Monica H. Donaldson,

Attorney at Law