How Do I Change the Name of My Child to My Remarried Name in New York?

Full question:

What are the laws on a minor name change, I was never married to his father and I gave him his fathers last name, now I am expecting another child and about to be married and I would like my son to have the same last name as us, he doesn't see his dad at all, his dad hasn't looked for him in two years, the only father my son knows is my fiance, my son is now 2 1/2 yrs old.

• Category: Name Change
• Date: 04/07/2025
• 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 efforts, 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.