The Question:
I want to change my son’s name, but his father will definitely not agree. He is listed on the birth certificate, so I would need his signature. What can I do?
RJ Says:
I would need to know more. What reason would you give the court for requesting the name change? Are there current court orders involving legal decision making or parenting time?
In Arizona, there are generally two possible ways to pursue a child’s name change.
- Family Court
I would expect that this would likely need to be addressed through the family court. Father would need to receive proper legal notice of the request. Filing in family court could also open the door to other related issues involving legal decision making, parenting time, and child support. - Probate Court
There is also a process through probate court to request a name change. However, I am not confident that a judge would grant the request over Father’s objection given the effect it may have on his parental rights. Even in probate court, Father would still need to receive proper notice.
Ultimately, the court would evaluate whether the requested name change is in the child’s best interests.
An experienced family law attorney can help you determine which court is appropriate, what evidence may support your request, and whether there are related issues that should also be addressed. We offer free 30-minute consultations to discuss your matter in detail and develop a plan.
Call (602) 256-7575 to schedule your consultation with an experienced Phoenix family law attorney.