Legal Question in Family Law in Arizona

You are required to give the other parent notice of your application/hearing to change your child's name. He may challenge your application, or he might do nothing. If he challenges, then he would also have to appear at the hearing. If he "does nothing," then the court can decide whether to grant your application without his participation/consent.

Here is a link to the Maricopa County Superior Court's website for forms/instructions to apply for the name change:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CivilCases/civil_cvncm1.asp

You will not necessarily need his CONSENT, but you will need him to be served with the Petition for Change of Name.

Then, if he objects, you still have the right to attempt to convince the Judge that the name change is in the child's best interests even over Dads objection.

Also, if Dad truly is not involved, you could consider a Petition to Terminate Parental Rights, which both allows the name change, frees the child up for potential adoption, and makes it final that Dad has no legal rights.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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