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:
- State: New York
Answer:
A petition to change a minor's name can be filed by a parent, guardian, or the minor themselves through a representative. The other parent must be notified and has the right to object at a hearing. The court will assess whether there are reasonable grounds for any objections.
The court must ensure that the name change is not intended to evade creditors, obstruct justice, or commit fraud. If the other parent objects, you must demonstrate that the name change serves the child's best interests.
To file for a name change, you would typically go to Family Court in your county. If the other parent lives in a different state, you must send them notice by registered mail to their last known address. If you cannot locate the other parent despite reasonable efforts, the court may allow you to proceed without notice or may permit alternative forms of notification, like publishing in a newspaper.
When deciding if a name change is in the child’s best interests, the court considers factors such as how long the child has used their current name, their sense of family identity, potential emotional impacts of having a different surname from the custodial parent, and the child's own preferences if they are old enough to express them.
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.