Father's Rights

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.  

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.

You need to file a Petition to Establish Paternity ASAP. There are deadlines for challenging paternity determinations, and a delay could cost you your chance to be a parent to your child. If the deadlines have passed, it is still possible to challenge who the father is, but it becomes much more difficult.  

You can petition the Court to change the child’s last name. You will have the burden of proof, and the standard you have to prove is that changing the last name is in the child’s best interests. What that means is, essentially, you had better have a good reason as to why the name change will benefit your child. The Court is not going to change the last name simply because, traditionally, children bore their father’s last names. 

Possibly. Child support must be ordered unless the parties agree to a deviation, and the Court finds the deviation is in the child’s best interests. Child support is done on a formula, and when parenting time is equal, the amount (1) usually is not very much, and (2) is usually paid by the parent who earns more money. There is no gender bias in the formula that requires that it will be the father, and not the mother, who pays child support; it may be you, it may be her—it really does come down to how the formula shakes out. 

It depends. For Arizona to have jurisdiction over custody, it has to be the home state of the child. That means Arizona has to be the state where the child most recently resided for six consecutive months. If Arizona is not that state, then Arizona cannot make a custody order, and you will need to file in the state where your child has most recently resided for six consecutive months.  

We get this call from a father at least once a day. We can certainly help you figure out what you need to do. Generally speaking, when a mother won’t let you see the child, it is time to go to Court. You do that by filing a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court. When you are not able to see the child, you may also want to consider filing for temporary orders, which is usually your quickest option to having a Parenting Plan put in place. But we recommend you speak with an attorney before deciding what filing is best for your situation.