questions & answers

Question: My daughter is 2 1/2 when she was born I was with a man who is not her father and he signed the birth certificate and took claim for her until we split a year ago. I want him off the birth certificate and to change her last name. What papers do I need to file? How would I go about doing this? He has not had contact with her in over 6 months and I can’t even contact him anymore.

Answer: Your question is not a simple, uncomplicated question.  Your ex signed the affidavit at birth and is listed on the birth certificate as the legal father if I understand your information correctly.  Changing the legal father is much more complicated than changing a name on the birth certificate.  It is possible that a paternity action will need to be instituted to establish that he is not the father.  You should really talk to an attorney about this situation.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  will arrange a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.  You can also fill out an application on this website to see if you qualify for a pro bono attorney.