QUESTION
Why do I need the biological father to sign a consent form to change my 2 year old''s last name from my maiden name to my married name/
Asked on Jun 08th, 2012 on Family Law - Arizona
More details to this question:
I have sole legal and physical custody, the father''s name is not on the birth certificate, the child has my maiden name and after filing a name change petition I was told I need to have the boliogical father sign the name change report. Why does he have a say when he is not in the child''s life and does not want to be? Is there a way to get it changed without having to meet with him to sign a consent form? what is the point of having sole legal and physical custody if I still need his input on matters like this?
1 ANSWER
Arizona statute requires that the biological parent consent to the change of name, regardless of the custody designation. This is in part to make sure that one parent can't "hide" the child from the other. If he refuses to sign a consent, you may be able to serve him with notice of the hearing. If he fails to appear for the hearing, the court may be able to grant the name change since he had notice of the proceedings and failed to appear. You might also want to consider whether it is appropriate to discuss having your husband adopt your child, which would also result in changing the child's name. This would also require the biological father's consent or a court order terminating his parental rights. I recommend you speak with an attorney to discuss this matter further and determine your best course of action.
Answered on Jun 11th, 2012 at 12:36 PM