Changing a Child’s Last Name in Arizona
In Arizona in yesteryear, a father had a protected interest in his child having his last name. Is this still the law in Arizona despite the arrival of parenting equality? Does it matter if the child is born to two parents who were not married to each other? In Pizziconi v. Yarbrough, 868 P.2d 1005 (Ariz. Ct. App. 1993), the Arizona Court of Appeals discussed these issues.
Facts of the Case
Mr. Pizziconi and Mrs. Yarbrough are the natural parents of a child who was born in 1986. They never married each other. Mrs. Yarbrough married someone else who was interested in adopting the child. This caused Mr. Pizziconi to file a paternity suit and ask that the child carry his surname.
Mrs. Yarbrough opposed this. She requested the court to order Mr. Pizziconi to pay the birth costs as well as back child support. The court denied Mr. Pizziconi’s request that the child has his surname. The judge ruled that the child’s name should be “Yarbrough.” This was Mrs. Yarbrough’s name, her former husband’s name and the name of their other child.
The judge also ordered Mr. Pizziconi to pay overdue child support of $6,959.00, monthly child support of $307.00, and Mrs. Yarbrough’s attorney’s fees. Mr. Pizziconi appeals.
The Child’s Surname
Mr. Pizziconi argues that both he and the child have a protected interest in having the child bear his last name. He relies primarily on the case of Laks v. Laks, 540 P.2d 1277 (1975). In that case, a mother changed her children’s surnames after a divorce. She had them use the father’s and her surname hyphenated.
The Laks court ordered that the paternal surname is reinstated since the “usual custom” gives a father a protectable interest in the child’s last name. The court observed that the bond between a child and its noncustodial father could be weakened if the child’s names were changed.
However, unlike the facts in the Laks case, the child in this case never bore Mr. Pizziconi’s surname. He initially said he did not wish to be involved with the child. Under Arizona law, an unmarried mother may not use the putative father’s name on the birth certificate without his consent.
Also, while a father has a protectable interest based on the custom of giving legitimate children their father’s surname, Mr. Pizziconi never married Mrs. Yarbrough. For children born out of wedlock, the custom is for the child to assume the mother’s name.
The Court noted that today a mother’s interest in surnames is as high as a father’s. Society has recognized parental equality. Therefore, it is not a given that the child of unmarried parents should bear the father’s surname.
Mr. Pizziconi asks that the issue is remanded to the trial court to consider specific factors bearing on whether it is in the child’s best interest for the surname to be changed. No Arizona statute or case requires express findings on this issue. The Court of Appeals assumed that the trial court found every controverted issue of fact necessary to sustain its decision. There is sufficient evidence to support the inferential finding that a change of name was not in the child’s best interest.
The Child had used the name “Yarbrough” for four years. Her half-brother uses that name, and Mrs. Yarbrough also uses it.
Past Child Support
The trial judge used the Arizona Child Support Guidelines to compute the amount due. Mr. Pizziconi argued that the case should be remanded for a determination of the sum Mrs. Yarbrough spent on the child during that period.
Except for evidence of the expenses of birth and health care, Mrs. Yarbrough never testified in detail regarding what she spent on the child. She did testify that she had borne all the expenses dating from the birth of the child. The child lived with her continuously, except for occasional visits with Mr. Pizziconi.
The affidavits detailing income and expenses as well as tax returns were admitted in evidence. The amounts awarded as back child support match the amounts calculated as Mr. Pizziconi’s obligation under the Guidelines. The trial judge did give Mr. Pizziconi credit for $10,000 which he paid for the Child’s support over those years.
The Court of Appeals determined that the lower court’s method of determining past child support was appropriate. The Guidelines are an estimate of the cost of child support which takes into account the financial circumstances of the parents.
Here, the trial judge had information about the Parents’ income and expenses. A natural father is legally obligated to support his child. An action for support can be brought at any time during a child’s minority. Neither laches nor estoppel bars a claim for child support absent prejudice. The trial judge correctly inferred that Mr. Pizziconi had not suffered sufficient prejudice from the delay to bring laches or estoppel into play.
The Court of Appeals affirmed the orders of the trial court.
More Articles About Paternity in Arizona
- Arizona Paternity Statutes
- DNA Testing to Establish Paternity in Arizona
- Easy Way to Establish Paternity in Arizona
- Establish Paternity Through State of Arizona
- Father’s Name on Birth Certificate in Arizona
- How Can I Establish Paternity in Arizona
- Voluntary Establishment of Paternity in Arizona
- What is Paternity in Arizona
- Where do I Establish Paternity in Arizona
- Why Should I Establish Paternity in Arizona
- Establishing Paternity in Arizona and Why it Matters
- How to Establish Paternity in Arizona
- Dismissing a Paternity Action in Arizona
- Good Cause in a Paternity Action in Arizona
- Last Name of Unmarried Couples Child in Arizona
- Time Limit to Establish Paternity in Arizona
- Time to Challenge an Arizona Acknowledgment of Paternity
- Timing to Challenge Paternity in Arizona
- Challenge Paternity Born to a Married Woman in Arizona
- Fraudulent Acknowledgement of Paternity in Arizona
- Paternity Testing and Acknowledgement of Paternity in Arizona
- Paternity Action Filed by a Child in Arizona
- Paternity Testing After an Affidavit of Acknowledgment in Arizona
- Best Interests Test Applies to Paternity Testing in Arizona
- Personal Jurisdiction if Conception Occurred in Arizona
- Overturning Arizona Voluntary Acknowledgement of Paternity
- Proof to Challenge Paternity of a Child in Arizona
- Administrative Judge May Decide Paternity in Arizona
- Uniform Declaratory Judgments Act and Arizona Paternity
- Father’s Name on Birth Certificate in Arizona
- Contesting Paternity After a Divorce in Arizona
- Adoption and Putative Father Registry in Arizona
- Fraudulent Acknowledgment of Paternity in Arizona
- Contesting Paternity Testing in Arizona
Chris Hildebrand wrote the information on this page about the changing of a child’s last name in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.