Can I change my child's last name without the father's consent?

Full question:

My child is 5 months old and his biological father is on the birth certificate and the child has his fathers last name. I would like to change his last name to mine considering the fact that the father suffers from the depression and anxiety is never there for the child and would not even let me get the passport for the baby. I have two questions: can I legally change the whole name of the child without the consent of parent considering the fact that he is not a normal person and that we are not together? Is there any way to take him off the birth certificate and how?

• Category: Name Change
• Date: 04/07/2025
• State: New York

Answer:

To remove the father from the birth certificate, you would need to file a paternity action to prove he is not the biological father. To change a minor's name, a petition can be filed by either parent or the child's guardian. The other parent must be notified and can object at the hearing. The court will assess whether there are reasonable objections to the name change. They will also ensure that the name change is not intended to avoid creditors, obstruct criminal prosecution, or commit fraud.

If the other parent objects, you must show evidence that changing the name is in the child's best interests. The court considers factors such as how long the child has used their current name, their identification with the family, and any potential discomfort from having a different surname than the custodial parent. If the child is old enough, their preference may also be considered.

The name change can be processed in Family Court. You would file the petition in the County Court or the Supreme Court of your county. If the other parent lives in another state, you must send notice via registered mail to their last known address. If you cannot locate the parent despite diligent efforts, the court may allow notice to be given in a different manner, such as publication in a newspaper.