Legal Question in Family Law in Arizona

Re: Illegal name change of son when parents never married?

While I do not believe that her changing the name, in and of itself, will be held as a huge violation by the Court, it certainly can be one factor of many to help convince a Judge as to what you believe to be the child's best interests. And you certainly should be able to have the child's name changed again.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: Illegal name change of son when parents never married?

She should have had to file for a name change with the court and then served you with notice. If she could not serve you and then asked the court to change the name, then no it was not illegal. The court however may consider the facts in deciding whether to change it back. Certainly she should not have been able to do it without a legal proceeding.