Question: Can i change the last name of my child from his biological fathers to mine, legally with out his consent if he is incarerated?
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 Self Service Center of the Maricopa County Superior Court , or in person at the superior court building in your county.
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.
April 16, 2008