To Do a Name Change or Not to Do a Name Change
What’s In a Name?
What’s in a name? that which we call a rose
By any other name would smell as sweet…
Written by: Tracy Augustin
You may or may not be familiar with that quote from William Shakespeare’s “Romeo and Juliet.” Regardless, you probably have an opinion one way or another regarding the importance of your own name, as well as your child’s name.
This post will address name changes of a woman after divorce, as well as name changes of children two parties share in common.
Considerations in Name Changes
When I got married, I made a conscious decision not to change my surname.
Why?
Well, there were a few reasons behind my decision. First and foremost, I did not feel “compelled” to change my name due to societal constraints. I felt like I had a choice in the matter, and frankly, that felt good. Having the ability to choose whether or not I changed my own name was empowering. (Not that I am against women changing their names when they get married.) I just liked that in this day and age, it’s not necessarily a societal norm anymore.
Another reason I chose not to change my name was for professional reasons. I’d been practicing law under my maiden name and didn’t want to confuse people.
Lastly, part of my decision had to do with the fact that it’s so much work to change a name! Who has time to go down to the social security office, and then the motor vehicle division, and next, change every bill, credit card and bank account in their name? It sounds exhausting to say the least. I didn’t want any part of that!
Name Changes During Arizona Divorces
You may be currently going through a divorce and are wondering how the whole name change process works. Well, the good news is, if you want to revert to your maiden name or former surname, legally speaking, it is fairly easy to accomplish. If you are divorcing amicably and a Consent Decree of Dissolution of Marriage has been prepared, changing your name back to your maiden name can be accomplished with a simple statement in the Consent Decree saying what your name will be reverting back to. And, even if your divorce is not as cut and dry and a bit more contentious, if you simply ask the court to change your name back, it will.
Easy, right? Well, that part is. But, of course, then you will have to go back down to the social security office, MVD, etc…
The main thing is, if you do decide to change your name, try and not to forget to include the provision changing your name during the divorce process. If you do and you try and change it later through civil court, you will have to start a whole new civil case and pay another filing fee. That sounds like a REAL pain, right? It can be.
For the guys out there-a quick side-note: If you are the husband and you don’t want your ex-wife to keep your surname, you’re out of luck. Your ex-wife can choose to keep your name. And no, you don’t have a say in it.
Arizona Name Changes of Children
We all know that great pains are sometimes taken when it comes to picking the perfect name for your son or daughter. I scoured baby name books, looked up meanings of names on the internet, and asked friends and family for name ideas for the perfect name for my baby girl. But, with all that hoopla over choosing first names, no one really gives much thought to choosing a child’s surname, especially when the child’s parents are married.
However, in situations where the child’s legal parents aren’t married, choosing a child’s surname can be an issue up for debate. And, even in situations where a child’s name has been chosen and made official on a birth certificate, it doesn’t necessarily mean that the child’s name is set in stone. In some circumstances, the court may find it appropriate to change a child’s name. You may be asking yourself how and when this would ever happen.
Let me explain.
In some highly contentious cases, remarriages, adoptions or cases where one parent might be an absentee parent, there may be a good case for changing a child’s name– even their surname. Don’t worry though, name changes for children aren’t an everyday occurrence in family law cases, but the issue can come up.
For example, let’s say that Father wasn’t aware that he had a child until the child was three years old and Mother had already given the child her surname. Could Father ask the Court to change the child’s surname to his own? The answer is “yes!” Father can ask, but that doesn’t necessarily mean that the court will automatically do it, especially if Mother objects to the name change. This is just one of many scenarios where a name change for a child might be appropriate.
If you are in a situation where a name change for your child may be appropriate or is being requested by the other parent, here are some things you need to know:
Q: Who’s “business” (or interest) is the child’s name? The Father’s? The Mother’s? Or the Child’s?
A: If you answered the child’s, you’re right!
Q: When should a name change be granted?
A: A name change for a minor in Arizona should be granted only if the court finds the change is in the best interests of the child. Sound familiar? This is the standard for determining custody (legal decision-making), as well.
Q: So, what does the best interests of the child mean when it comes to determining whether your child’s name should be changed?
A: Well, the Court in Pizziconi v. Yarbrough (177 Ariz. 422 (Ariz.App. 1993)) sets forth some factors that should be considered when determining if a name change is in a minor child’s best interest:
• The child’s preference;
• The effect of the change on the preservation and development of the child’s relationship with each parent;
• The length of time the child has borne a given name;
• The difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name;
• The motive of the parents; and
• The possibility that the use of a different name will cause insecurity or lack of identity.
In thinking about whether to change your name or your child’s, remember, as important as a name might be to one’s identity, a name doesn’t define you. What really matters is who someone is, not what they are called.
After all, Shakespeare said it best, a rose by any other name would smell as sweet.