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 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.

Good People.
Great Results.

Our award-winning team of professionals deliver
the outcomes our clients need.

Don't Take Our Word For It,
See What Our Clients Have To Say.

Contact State 48 Law

We offer in-person, video, and phone consultations.

North Scottsdale Office

14500 N Northsight Blvd Ste 313, Scottsdale, AZ 85260

East Valley Office

3133 W Frye Rd, Ste 101, Chandler, AZ 85226