Name Change

questions & answers

Question: My son's mother used her ex-husband name as the father on the birth certificate i am the bio father I was giving full custody by the courts how do change his name on the birth certificate and social security card

Answer:

Procedure for Legally Changing Your Child's Name

This procedure is similar to the procedure for changing your own name. The court uses a slightly different process for a petition and order for changing a child's name. All of the necessary forms and instructions for this can also be found on the Internet at the http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/CivilCases/index.asp , or in person at the superior court building in your county.  To find the superior court in your county, go to:  https://www.azcourts.gov/AZ-Courts/AZ-Courts-Locator. The forms were prepared for use in Maricopa County but can be used in other Arizona counties if you change "Maricopa" to your county name in the pleadings. Make sure you fill out the papers completely and that they are legible. Along with the forms, you can obtain a complete set of instructions for filing the petition.

Typically, the child's other parent will have to be notified of your application to change the child's name. If the other parent does not object, the simplest thing to do is have both parents sign the Petition. You can also have the other parent sign a consent to the name change. If the parent does not agree and sign a consent or the petition, then you must serve the petition upon him/her. If he does not object in writing or at the hearing, the court is likely to order the name change. If the other parent does object, the court may or may not order the change.

If the other parent will not sign the consent, you will need to serve him with notice of the hearing on the name change. He can sign an acceptance of service, which says he received notice, or you may have him served by certified mail or a process server. If you serve him by certified mail, you must serve him at least 30 days before the hearing and he must have signed the return receipt for the certified mail. You will file the return receipt along with an Affidavit of Service by Certified Mail.

If you do not know where the other parent is you may serve him by publication. First you must try to locate him. Contact any friends or family members, check his last employer, etc. If you still cannot find him you may serve him by publishing your Petition in a newspaper available to the general public in the county where he was last known to have lived. It is a good idea to call a few newspapers in the area to find which is least expensive, as the rates vary widely.

You may wish to speak with an attorney if you have more questions.