Child Custody

Yes. Although this case did not involve a child, in in re Cortez, 247 Ariz. 534 (App. 2019), the Arizona Court of Appeals recently held a Court could not reject a name change simply because it is requested for a gender transition. Further, the Court pointed to a Virginia case that held a gender transition is a valid basis for requesting a name change. 

Like any other name change for a child, the issue will turn on whether the proposed name change is in the child’s best interests.  

Yes, it applies to both first and last names. Although parents more commonly are disputing the child’s last name, the law equally applies to first names and uses the same standards. 

That was the issue in Munguia v. Ornelas, 253 Ariz. 549 (App. 2022), where the Father asked for the child’s first names to also include the Father’s requested first name. The trial court granted his request, and Mother appealed. The Arizona Court of Appeals held that the Pizziconi factors apply to both first and last names, analyzed those factors, and then upheld the trial court’s order.  

Yes. The law requires you notify anyone who may have an interest in the name change. That would include a biological parent whose rights have not yet been established.

Probably not. If the other parents’ parental rights are still intact, a Court will likely view the requested name change as being contrary to the child’s best interests because it could be viewed as attempting to harm the relationship the child has with a legal parent. Remember one of the Pizziconi factors is the effect the change has on a relationship with each parent. While we recognize that, in some cases, a stepparent has become vitally important to the child’s life and is more of a parent to the child than the actual parent, the law is not going to put a stepparent on the same level as a legal parent.

The Court must look at whether the name change is in the best interests of the child. A.R.S. § 12-601(B). To aid in that, the Arizona Court of Appeals has come up with five factors known as the Pizziconi factors. They are as follows: 

1. The child’s preference
2. The effect a name change would have on preserving and developing the relationship with each parent 
3. The length of time the child has borne a given name 
4. The difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name 
5. The motive of the parents and the possibility that the use of a different name will cause insecurity or a lack of identity 

The Court must also consider certain items under A.R.S. § 12-601(C), which are aimed at ensuring the name change is not being filed for a fraudulent purpose (and, honestly, are more geared for adults who want to change their name). These elements include whether the person requesting the change has a felony background or is facing felony charges for making a false statement or false identification.  

Then you can ask the Court to change it. You do so by filing a Petition for a Name Change with the family court. You can also bring a name change as its own petition or as part of a legal decision-making or parenting time proceeding. 

Yes, a child’s name can be changed. Any changes to the child’s name either need to be agreed upon by the parents or ordered by the Court.

Not necessarily. The law does not require that the child bear the father’s last name. If you want the child to bear your last name, you will need either a Court order or the agreement of the other parent.

In Pizziconi v. Yarborough, 177 Ariz. 422 (App. 1994), the Arizona Court of Appeals rejected the idea that a child must bear a father’s surname and adopted the reasoning from the Supreme Court of Utah that because these are now times of parental equality, it is no longer automatic that a child bears a father’s surname. Instead, the issue must be decided on in the child’s best interests.  

No, the authority to change the child’s name is not included within the legal decision-making authority. You will need either a Court order or the agreement of the other parent.

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

The best interests of the child are the standard under which the Court determines all matters relating to the child. To assist the Court in this function, the Legislature has enacted the 11 best interest factors listed in A.R.S. § 25-403. Parties should address these factors in their Pretrial Statement and at trial. The Court must make written findings on the 11 factors at trial.

As for legal decision-making, the Court will decide whether both parents or one parent will make the legal decisions. The Court can even assign that one parent have decision-making for one specific area of legal decision-making. For example, in instances where parents cannot decide on what school the child will attend, the Court will “split the tie” by awarding one parent decision-making over educational issues only.