After a divorce, many women revert to their previous last name, or “maiden name.” Most include this stipulation as part of their divorce order to facilitate the change; however, changing a child’s last name isn’t as simple. While it’s relatively easy to file a petition to change a child’s last name, the child’s other parent has the right to dispute the change and call for a hearing for a judge to decide. Contact a Chandler family law attorney from Wilson-Goodman Law Group PLLC for guidance.
Depending on the reason for requesting a last name change, the parent requesting the change may need permission from the other parent or a judge. Common reasons a parent may seek a last name change for a child in Arizona include the following:
Regardless of the reason for requesting a last name change for a child in Arizona, the child’s other biological parent must give permission or may dispute the request.
If the other parent doesn’t wish to remain involved in the child’s life or doesn’t care about the name change, they may sign the petition for the child’s name change and give their permission; however, as the child’s other parent, they also have a right to dispute the proposed name change. If they choose to dispute the proposed change, the petition requires a hearing for a judge to decide.
Family court judges in Arizona make all decisions in a child’s best interest. In a hearing for a disputed name change request the parent requesting the change must present a compelling case to the court showing why it is in the child’s best interest to change their last name. Meanwhile, the other parent presents their reasons to the judge showing why it is in the child’s best interest for the name to remain unchanged. The judge then considers the evidence and testimony from both sides before making the decision they believe is in the child’s best interest.
A judge might grant the parent’s request for a last name change if the other parent was notified of the petition and failed to object or respond, or if they’ve abandoned the child. The judge might also grant the change if it is the child’s preference and the child is of a reasonable age to decide for themselves that they desire the change.
An Arizona family judge also considers both parents’ motives for requesting or disputing a child’s name change before making a decision.