Legal Question in Family Law in Arizona

My ex-husband and I divorced in 2000. We have two daughters. The custody arrangement was shared physical custody, with the girls spending alternating weeks with each parent. No child support was ordered. In 2007, My eldest, "S" moved in with me full-time, and her father cut off all contact with her, offerring no physical, emotional or financial support. "S"wants to change her last name to her step-father's. As she will be 18 this year, she does not need to be adopted, but wants the name change prior to graduating High School, and prior to turning 18.

I have a petition for revocation of parental rights, and am wondering if I need anything else to proceed, also, if my ex agrees to the petition, can we avoid a court appearance altogether?


Asked on 1/04/10, 2:39 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

I think she has to be 18 or older to do a name change. Of course, there is an exception if even just one parent consents. A parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the child in determining whether to enter judgment that the name of the minor be changed. See Arizona Revised Statutes Section 12-601.

Good luck!

Joan :)

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Answered on 1/10/10, 6:10 pm


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