Changing A Child’s Name In An Arizona Family Law Case

It is common practice in the United States for a child to be given their father’s last name, even if the father hasn’t legally committed to the mother through marriage. This sometimes results in a child bearing a last name with someone who is a virtual stranger to them. In the future, it might make sense for that child to change their last name to their mother’s, or even a new stepfather’s to reflect family bonds. Under these types of circumstances, some parents may wait until the child turns 18 years old so they can make those legal changes as an adult. But if that’s too long of a time to wait, you’re probably wondering how to go about legally changing a child’s last name in Arizona. Read on to learn more about this topic- if you’re seeking a case evaluation from an experienced Arizona family law attorney, call 480-263-1699 to schedule your free consultation with our firm. 

Steps To Carrying Out A Minor’s Name Change In Arizona

Unless you expect major pushback from another party, the process of changing a name is relatively simple. You may be able to complete this task yourself if it is the only family law matter you have at hand. But if this is part of ongoing family law issues, it may be best to hire legal representation for the whole package. Below are the steps to changing a minor’s name in the state of Arizona. If you have any questions after reading and want to walk through them with an experienced family law lawyer, call 480-470-1504. 

1. Make sure all of the requirements are met. You must file the request in the county in which the child resides. You must also be the child’s parent or legal guardian to file the request. This process is not meant to establish paternity or add a father’s name to a child’s birth certificate. 
2. Fill out the Application For Name Change of a Minor. Make 2 copies of the application. Fill out the Civil Cover Sheet and check box 152 for Change of Name on page 2. 
3. File the paperwork in the appropriate courthouse. The clerk of court should be available for filings 8AM to 5PM Monday through Friday, except for holidays. You will also be expected to pay a filing fee to submit your paperwork. If you cannot afford your fees, you can apply for a payment plan or waiver. You will give the clerk the cover sheet and the two copies of your application when you file. 
4. Wait at least four days before contacting Court Administration to schedule a hearing. After receiving your hearing date, you will complete the Notice of Hearing Regarding Application for Change of Name. Like the rest of your paperwork, this will need to be filed with the clerk of court. 
5. Notify any interested party of the hearing. There are different procedures for when the other parent agrees, when the other parent disagrees, and when the other parent can’t be located. If your child is 14 years or older and agrees to the name change, they can sign a notarized consent at this point or attend the hearing described below. 
6. Attend the hearing. The adult requesting the name change for the minor must be in attendance. If the child is 14 years or older, they either need to sign a notarized consent or attend this hearing. The adult should bring two copies of an Order Changing Name for Minor, photo identification, all filed documents, Proof of Notice, and other applicable documents so they can be reviewed by the judge. If the adult is also requesting that the child’s birth record be changed, they should bring the government-issued (not hospital-issued) birth certificate or other applicable document. 
7. Get a certified copy of the court orders. You should present your copy signed by the judge within 48 hours. 

When Is My Child Old Enough To Decide?

If this a decision that you want to let your child make, you still have to decide at which age to let them make it. You must be the parent’s custodial parent or legal guardian to make this decision. There is no set rule for when you should allow a child to make their own decisions about important topics like their last name or custody plan. For major child custody decisions, the court takes a child’s opinion into consideration at an indeterminate age and maturity level. This typically translates to about 12 years old, but there are countless special factors that could reduce or increase this number. If the child has a development disability or other disorder that impacts their impulse control and decision-making, it may be better to wait until they are older before giving them autonomy for decisions that are difficult to take back. 

Even if your child is mature for their age, you may find it more conscionable to wait until they reach adulthood to decide. Changing a name back is just as much of a hassle as the initial name change. In Arizona, the child is required to be involved in the process if they are at least 14 years old. Before that age, their participation is optional or even encouraged, but not mandatory. You can keep this in mind if your child is on the cusp and you believe their participation would be beneficial or detrimental. Want to discuss this decision with an experienced Arizona family law lawyer? Schedule your free phone consultation with our firm today by calling 480-263-1699. 

Finding High-Quality Representation For Your Arizona Family Law Matter

The process for changing a minor’s name is slightly more complicated than the process for changing your own name as an adult. Mistakes could mean your child is left with a name that reminds them of something painful or makes them feel like an outside in their own family. If your child’s other parent opposes changing their name, it may require more careful negotiation and trial preparation than what you can accomplish on your own. This only becomes truer if your ex retains an attorney to fight against your child’s name change. That’s why many people hire family law representation at the outset of any issues and err on the side of over-preparedness. If you want the job done right, hire Arizona’s trusted professionals to accomplish your family law goals. We streamline our services to make the process as simple and convenient as possible for our clients, all while offering competitive rates to reduce financial pressure. We know there are many family law attorneys in the Phoenix and Tucson metropolitan areas, so we strive to set ourselves apart from your other options. But interviewing each of these options to determine if they are the right fit for your case can be costly in both terms of time and money, if any of these firms charge for your initial consultation. Our Arizona Family Law office assumes the risk of that first meeting by offering your consultation by phone 100% free. Contact our firm for your free consultation today by calling 480-263-1699.