Pima county superior court paternity orders for birth certificates

MICHELE GUTIERREZ v. ROBERT KIVLIGHN II

Mother contends M. Therefore, Mother argues the court erred by considering Father's lack of consent to Mother's relocation when rejecting a long-distance parenting plan. We disagree with both the premise and conclusion of Mother's argument. Nastro, Ariz. The record, however, does not indicate Mother has ever attempted to rescind or challenge the issued birth certificate, timely or otherwise.

Laws, ch. We disagree. Action No. JD, Ariz. This policy is also reflected in A. Donahue, Ariz. McLaughlin, Ariz. A parent's removal of a child from Arizona to another state, without consent of the other parent or a court order, constitutes withholding the child from the other parent.

State v. Wood, Ariz. We agree that this is not a relocation case under A. Buencamino v. Noftsinger, Ariz.

Buencamino, Ariz. Thus, Mother was required to secure Father's agreement or a court order to permanently remove M. When rendering its temporary order, the superior court did not abuse its discretion by considering Mother's failure to secure consent from Father before moving M. Because we conclude Father was M.

Married Fathers

Section A enumerates specific factors for the Court to consider, among all factors that are relevant to the children's physical and emotional well-being. The best interest of a child is the primary consideration in awarding legal decision-making authority and parenting time. Hays v. Gama, [citation omitted].

Indeed, it appeared from the evidence that Mother's relocation with the child to Wisconsin primarily was for the benefit of Mother and her family--not for the child's best interests. Moreover, contrary to what Mother suggests, the fact that the child is breastfeeding is not a basis to restrict Father's parenting time.

In this regard, the Guide provides:. Parents who are not raising their child together must balance the baby's need to nurse with its need to bond with the father. The parents should talk often and openly with each other about the baby. Breast-feeding shouldn't be used to stop the father from spending time with the child.

Presumed Custody

Instead, mothers need to offer the father parenting time, and fathers need to be flexible regarding the need of the baby to nurse. A father can feed an infant with the mother's expressed pumped milk, particularly after nursing routines are well established. Finally, it is not possible to create a long-distance parenting plan that facilitates the child's need to bond with both parents while Mother and the child continue to live in Wisconsin and Father continues to live in Arizona.

The Court is mindful that one of the parties will be burdened regardless of which state the Court selects as the primary location for Father's parenting time. Kay S. Mark S. We defer to the superior court's discretionary findings and exercise of judgment regarding witness credibility and the weighing of evidence, if the superior court remains within the bounds of that discretion. Gutierrez v. Gutierrez, Ariz. We cite to the current version of applicable statutes and rules when no revision material to this case has occurred. The test results filed with the superior court on February 15, , were negative for any illegal substances.

While the parties did not submit the results to this court for review, we have taken judicial notice of them. McGuire, Ariz. See Waltenburg v. Waltenburg, S. A period of temporary absence of a parent or a person acting as a parent is part of the period. Code Ann. Under A. Mother did not address Father's voluntary acknowledgement of paternity when she argued that Father's fundamental right to parent M.

See Pima County Juv. Severance Action No. S, Ariz. Mother relies on an out of state case, in which a Massachusetts trial court was found to have lacked authority to force an unmarried mother and minor child to return from New York because mother was the child's only legal parent at the time they moved from Massachusetts to New York. See Smith v. McDonald, N. We do not find Smith persuasive. Father was M. Mother's reliance on the presumption of maternal custody for children born out of wedlock in A. In support of her argument, Mother cites several out-of-state cases.

See Mark T. Jamie Z. Given that under Arizona law Father had parental rights at the time Mother took M. By submitting this form, you agree to FindLaw. We respect your privacy. Thank you for subscribing! Explore Resources For Practice Management. Legal Technology. Corporate Counsel. Reset A A Font size: Print. Remember the child must be living within the county in the State of Arizona where you are filing the request.

It's important to ascertain if you require an order from the court to complete the process. If the name change is for other reasons, such as adoption, a court order is needed. Changing the name of the child on a birth certificate can be done easily if the child is not yet above two years of age. After one year you will need a court order to complete the process.

Remember the name change must be shown to be in the best interest of the minor. The right form to fill for a minor in Arizona is the Application for Change of Name for a Minor Child; collect the proper form from the courthouse of your county or visit their website, if any. The form should be properly filled out and shouldn't be folded so that the black ink used to fill it doesn't stain the document.

In addition, information about the minor has to be filled, such as the address, relationship with the applicant, full current name, place and date of birth, requested new name, and reasons why the name change is needed.

Who Can File a Paternity Petition in Arizona?

You need to fill the Civil Cover Sheet properly as well; it will accompany the petition for the name change. It's important since it informs the court of the kind of civil action being requested. Note you have to provide information about yourself as well; your name as the plaintiff, the name of the attorney and if your representation is pro se or yourself, you name has to go in that space.

Ensure you have at least two copies of all the forms except the civil cover sheet, including extra copes for the Application for Change of Name for a Minor. The forms can be filed at any of the courthouses within your county or with the Superior Court Clerk's Office. The clerk's office will help you with the filing to ensure all is well. This is also the place you need to file your fee through any of the payment options accepted such as cash, MasterCard or Visa, personal check or money order. As you get your forms, ensure the copies have been stamped as required by the clerk as the original application will be retained by the court clerk, including the civil cover sheet.

After the application has been filed, wait for about four business days before approaching the court for a hearing schedule in the location where the application was filed. After the hearing has been scheduled, the form on Notice of Hearing on Application for Change of Name has to be filled with the Court Clerk.

Notify the other parent of the minor on the intention to seek a name change. If you're a legal guardian, both biological parents of the child have to be notified. A parent who doesn't agree with the change of name needs to receive the application's copy, stamped, including a copy of the application and Notice of Hearing as well as completing a notarized Acceptance of Service document.

If you have no idea where the other parent of the child lives, serve a notification legally through a newspaper by having the Notice of Hearing published. Before appearing at the hearing, collect the Order Changing Name for Minor from your county's website or courthouse. Attend the hearing with all the forms and documents required and receive the order from the court confirming the name of the child can be changed.

The birth certificate is amended by sending a certified copy of the court provided order to the Bureau of Vital Records to reflect the new name and pay the right fees. Note in Arizona the birth certificate records are maintained within counties and application should be made to the county where the applicant was born.

Approach the Bureau of Vital Records within your county for the same, in person or via mail. Go ahead and approach insurance companies, finance institutions, such as banks, employer and credit card companies, among others, with the order to change your name and request them to adopt the new name. I was married in a different state and had my name hyphenated. I now want to drop my maiden name, is this possible in Arizona.?

If you already underwent the legal name change process, then you'll have to obtain a court order to change it again. If you merely specified a new name choice on your marriage license application, but haven't actually followed through with the name change, then you may be able to exclude your maiden name. If I go get married at courthouse and want to change my last name to my husbands how much does that cost?

Hi Coralina. Getting married at the courthouse doesn't have any impact whatsoever on how you'd go about changing your name. Hi Jacob. Your latter interpretation is correct. The document is used to legally justify a name change. I was married in a courthouse many years ago and now would like to take my husband's last name. I have what appears to be the original marriage certificate stamped with a seal.

My husband had taken care of all the legal business and I thought it had been filed with the courts. Can I use this certificate to go to the SS office to apply for my name change or do I still need to request a certified copy? Thank you. Hi Jennifer. If the certificate contains a recording date, that's the document you'll need when going into the social security office.

In the State of Arizona if I want to do business under my maiden name but still want to keep my married name, what do I have to do legally for the IRS? Hi Laura. I went to buy my marriage license but I didn't get asked if I wanted to keep or change my last name to my groom's last name im not sure if I was supposed to. The marriage license has all my maiden name. Hi Liz. Not all states ask for this on their forms. Arizona's marriage license applications are typically designed on the county level and as far as I know they do not ask about new names after marriage. From what I have read from previous questions, the marriage license does not reflect a name change.

A legal name change application and process would be need to be completed. Are the rules the same for same-sex couples? What about two women who obtain a marriage license and one spouse wants to change their last name? I had my name changed with my husband consent in or I have lost all my paperwork and need copies of this paperwork. How would I go about getting this information. Thank You. Catherine Wolfwalker. Hi Catherine. What paperwork do you need? Marriage certificate? Court order? Social security card? The marriage license and certificate reflects my maiden name as on the passport, now I am confused because I was told I should fill in my "new" name on the AOS forms, meaning my husband's last name, in order to get the documents on my married name.

But on the other hand the form is asking for my current legal name, which would be my maiden name, right? So should I go to cityhall and have my last name changed properly before filing the AOS, or is this not necessary? And if I understood well, I can choose having my name with maiden name AND husband's last name, no hyphenating, right? Thank you so much in advance! Hi Ana. Obtaining a space-separated surname is not certain. It can depend on the flexibility or rules interpretation of the agent you deal with.

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I be been married before and am getting married in AZ. The lawyer forgot to give me back my maiden name when I was divorced 9 years ago. First, middle, maiden, new last name. Can I do that? Right now I just have first, middle, old married name. Can someone answer this? Hi Ann. You can take your fiance's surname, but the other name changes would require you to petition the court. I am married but I am in the process of dissolution of marriage, can I change my last name back to my maiden name before the dissolution is completed? You would have to petition the court separately if you didn't want to wait until your marriage was fully dissolved.

If you want to avoid that expenditure and exercise, you'll have to wait until the dissolution is done. Are there instances when a biological parent doesn't need to be notified of a name change?

Never married or paternity established situations? Hi Jane. The Superior Court doesn't distinguish between how a "parent" is classified. It simply says the other parent must be notified. If the other parent's whereabouts are unknown, a publication must be ran in an accepted newspaper about the upcoming name change hearing for four straight weeks. I think I made a huge mistake on the Marriage license and certificate. It was filled out with my current name, not the name I want to change it to.

The application didn't say anything about new name. It just asks for your info and social security number. Did I do it wrong? I have been married for 3 years but kept my maiden name. I want to change it to my husband's last name. I delayed changing my last name due to school, school applications, moving, etc. How do I go about changing my last name? Do I just do the regular name change application and need a court order? I just aplied for a marriage license but I only wrote one last name and I have two last names because Im not from USA , the application had only one blank space and I dont know if I did it wrong, please help!

Do we have to aply again with my two last names? Hi Michelle. You can return to the clerk of superior court's office to request a correction. If they're unwilling to make the change, you'll have to apply for a brand new marriage license. Hello, me and my fiance want to change both of our names to one new name, when we get married, can that change both of our names or is it for one party only?

Hi Ben. A brand new name would require you and your fiance to file separate court petitions for a name change. If you go that route, it doesn't matter if it takes place before or after marriage. I have been married since and i want to know if its too late to change my last name. I was told i can be arrested for not changing my name within a time frame. Is that true? What is the time frame?

I am getting married in November in Idaho and plan to take my husband's last name. I am an AZ resident though. I would like to drop my middle name and take my maiden name as my middle name. I believe I need to do a Name Change through the courts for the middle name switch, from what I've been told.

If that is correct, should I do it before the wedding, or after? Someone suggested it's easier to change name first so it can be correct on my marriage license. Even though I'm getting married in Idaho, all of the name changing would be done through AZ, I assume, except for me assuming his name. Sorry for all the questions! I don't believe Idaho's marriage license application provides an area for you to cite a new name after marriage. Just your current name. That's if you're looking to undergo a name change that isn't possible through marriage, such as a first name change or a complicated middle or last name change.

Can I change my first name after getting married while keeping my last name without having to do the longer process that requires court and a big check? Hi Jessica. You'll have to go to court to change your first name. There's no getting around that. I live in, and got married in, Arizona. Can I change my name after marriage to have two middle names? I want to use both my current middle name AND my maiden name as middle names… is that allowed using the marriage name change process? It doesn't look like one that scenario is one of your options above.

If I can have two middle names, then can I use both middle initials as part of my official signature? That's what I'd prefer to do. And if I CAN have two middle names, which one of those initials do I use on an electronic form that only has one middle initial space? If I want to keep my maiden name as part of my 'official' signature which a lot of electronic forms call for , do I have to get rid of my given middle name so that my maiden name is my only middle initial?

Or do I have to drop my current middle name altogether if I want to keep my maiden name? First, our marriage license did NOT have a place to list my 'new' name; it only had a space for my given name. If I want to add my maiden name to my middle name when I change it, it sounds like I can do that, right? No, you can replace your middle name with your maiden name or leave it unchanged. Beyond that, you'll have to go to court. That's a personal preference. It's generally a good idea to make sure your signature is consistent to match what's on your driver's license and other legal documents.

Basically, I'm asking whether I can I choose which middle initial I want to use on electronic forms, or does the middle initial always have to be the one from my FIRST middle name? Depends on the form and circumstance. If you're submitting paperwork of a government or legal nature, you'll want your name to match official records if a lookup is performed. If you're switching things around willy-nilly, then it could result in a name mismatch. The 'real' ID stuff people are writing in the comments is starting to worry me; I currently don't have a passport, so it sounds like I might have a tougher time changing my driver's license to the Real ID because of that… is that true?

For Real ID, passport is typically one of the accepted documents, but not the only one. The Arizona Travel ID a. Real ID website details the acceptable forms of ID beyond the passport.

I have yet to change my last name after getting married, but wanted to drop my middle name and keep my maiden name as my middle name and add on my husband's last name. So for clarity, replace middle name with maiden name and take husband's last name: First, replaced middle maiden , new last. I saw you already answered a very similar question, but I just wanted to make sure. Thank you! If you have been married prior to current marriage can you go back to previous married last instead of maiden name if getting divorce with current husband in Arizona?

Yes, just ask the judge to restore the surname from your prior marriage within the divorce decree. I was married in Nicaragua, and my marriage certificate is in Spanish.

Establishing Paternity in Arizona

Should I include a professional translation of the marriage certificate in my name change application for my social security number? I was born in Washington but living in Arizona the last 15 years. Can I petition a name here or does it have to be done Washington? Hi, I have been divorced for 12 years. At the time of my divorce, my children were underage so I declined to change my last name back to my maiden name. Now my children are all grown and moved away from home so I want my maiden name back.

I'm confused on the part saying I must notify everyone who will be affected by this change. I do not think anyone should be affected but I was unable to locate a list of who they consider may be affected by this process. Do I have to notify my EX husband of my request of changing my last name back to my maiden name? My children? That doesn't seem necessary to me but I want to complete this process correctly. Thank-you very much for your help. I appreciate it,. Im getting married in april my question is can i drop my middle name, last name and just add my soon to be husbands last name?

In a name change through marriage or to drop a middle name do i have to go through court. Hi Gabriela. I don't believe Arizona allows you to drop your middle name through marriage. Only a few do, such as Oregon. Even states that offer far more flexible name change options e. I was married in My husband and I separated not legally, just physically ion and before we could be divorced, he died.

My intention had been to take back my maiden name during the finalization of a divorce. I have since met someone and we plan to be married. Rather than going through the process of petitioning the Court for a legal name change, could I change my last name back to my maiden name in the process of being married rather than taking my new husband's last name?

The costs of the name change petition and a marriage certificate are significantly different. Thank you for your thoughts. I've asked a family law attorney and even he didn't know the answer. Hi Brooke. I'm not aware of anything in Arizona's revised statutes nor SSA's operating instructions that permits a return to your maiden name when remarrying. Can I change my last name with a civil union partnership the same was as I would with a marriage? I got married many years ago. I never legally changed my name.

However I called my self a hyphenated name by adding his to the end. Do I need a court order to legally change my name? I got a divorce about 5 yrs ago I did not change my last name than but I would like to change it to the last name before I married. I was married before can I change my name by to that name and is it expensive. Hi Kim. If you're trying to change your name before getting remarried, you can do so, but it'll have to be the name specified in your divorce decree.

Hello, I am recently married. My wife and I would like to change both of our last names to a new one. Do we both need to apply for adult last name change? Or could one of us do it and the other use the marriage certificate to take on the new name? That would have worked if you weren't already married. At this point, you'd both have to file an adult name change. I tried changing my license in the past and AZ MVD wouldn't do it even with showing them my birth certificate because I was born in Puerto Rico and it shows the last name of both parents.

Hi Tony. You can change your name through marriage if the "LastName" you're referencing is your spouse's. My husband and I adopted a child in a kinship adoption. We did not change her name at that time. Now, several years later, she has requested that her last name be changed to ours she is not yet Since we are both in agreement, can we put both parents' names as "Person Filing," or must one of us file, with the other one signing a "Consent and Waiver of Notice"?

Both of us will be at the hearing, of course. Hi Jeannie. It's only one parent's name to the form. The parent is the applicant who's making the request for the minor. I tried to get a divers liecence but my.. If there's an error on your marriage record, you'll have to contact the Arizona superior court that issued you your license for a correction. I took on my husband's last name when we got married in We now have 3 children, all with my husband's last name as well. We all have decided to take on my maiden last name as the family's last name now there's a symbolic meaning behind this decision.

Is this possible? If so, how and what do I do? I'm clueless where to start. Any and all help is greatly appreciated. You'll have to file civil name change petitions with the Arizona Superior Court in your county. Thank you very much for the response! I had a few more questions, if you don't mind. What about our social security card? Do we need to contact Social Security to have our last names updated with them as well?