questions & answers

Question: Hello I have a two twelve year olds and I want to change their last name to my last name because they have their fathers last name and he no longer lives with us so I want to change their last name. How much would it cost to change their last name and how do I change it..?

Answer:

This procedure is similar to the procedure for changing your own name, however the court does use 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 Self Service Center of the Maricopa County Superior Court, (http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/index.asp)  or in person at the superior court building in your county. (Here is a list to find a superior court in your county. http://www.azcourts.gov/AZCourts/SuperiorCourt.aspx) 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. http://www.superiorcourt.maricopa.gov/sscDocs/packets/cvncm1z.pdf

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 is less likely to order the change, particularly if the other parent has maintained a relationship with the child. There may be other reasons the court will approve the name change even if the other parent objects.

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.

To find out more information about Name Changes view this article:   http://azlawhelp.org/articles_info.cfm?mc=1&sc=8&articleid=60

To find out how the law applies to a specific situation, you may want to contact an attorney http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=35&articleid=129