Full question:
I'm writing to you in behalf of my best friend whose son is going to be 16 years old this coming November. Her son, which is my godson, wants to change his last name because his father was never around. The birth certificate does not have his father's name because his father and my best friend had an agreement that once she became pregnant he would have no obligation to the child. In searching the internet regarding name changes, I read that at 16 a child can change his name legally. My godson wants his surname changed to my last name because he has been in my family since an infant. My godson feels as if he is a part of my family. Although he lives with his mother, he always considered my family as his own. My best friend and godson asked me if I would be okay with the name change and I said yes. We would like to know if he can do it legally without hiring a lawyer and just completing the proper legal forms that can be obtained over the internet? We all live in New York City.
- Category: Name Change
- Date:
- State: New York
Answer:
The petition to change the name of a minor may be made by the minor 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 the 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.
A child name change can be done in Family Court. The petition is filed in the County Court or the Supreme Court of the county where you reside.
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. If the other parent resides in another state, then the notice must be sent by registered mail to his last known address. If the court is satisfied that, despite diligent efforrts, the parent cannot be located, then the court may dispense with notice or require notice to be given to him in such manner as the court thinks proper, such as notice by publication in a newspaper.
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.
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.
