Full question:
I had a child with a woman that I was never married to or even had a relationship with. When the child was born, I wanted to take the DNA test to make sure that it was mine before I signed the birth certificate. My name is currently on the birth certificate. A friend informed me that I had the right to change my daughter's last name to mine. I have been paying child support since she was born and she is very much in my life. Do I have the rights in Nassau County, New York to have her name changed to my last name?
- Category: Name Change
- Date:
- State: New York
Answer:
The petition to change the name of an infant may be made by the infant through his next friend, or by either of his parents, or by his general guardian, or by the guardian of his person. The other parent must be given notice and has an opportunity to object to the name change at the hearing. It will be a subjective matter for the court to decide whether there is a reasonable objection to the name change. The court must believe you are not asking to change your name or your minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
Please see the information at the following links:
http://definitions.uslegal.com/n/name-change/
http://lawdigest.uslegal.com/name-change/general/4130/
http://lawdigest.uslegal.com/paternity/general/6692/
Please see the form at the following links:
http://www.uslegalforms.com/ny/NY-NAME-2.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
