Should I argue that my new spouse is more of a parent to the child than the other parent is; therefore, the child should bear my new spouse’s last name instead of the other parent’s last name?
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 ParentA person who is the biological or adoptive parent of the child and whose rights have been established and not terminated. See A.R.S. § 25-401(4). For biological mothers, such rights are established at birth. Fathers, though, must establish their rights to be a legal parent. See…Read more about 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.