Legal Question in Family Law in Massachusetts

name change-situation specific

my husband has a 10 yr old daughter. Child lives in NY. my husbands name is on birth cert. no doubt about paternity. childs mother not in childs life at all. she lived with maternal grandmother for 9+ yrs (maternal g-mother has custody) She asked us to take the child to live with us. All parties agree.we are not going thru court system, as that is what we were advised to do by NY attys. Once the child is in massachusetts, I will file for step parent adoption. however, we are hoping to find out how to change the childs last name to our last name (my husbands, her fathers) before she starts school in september. the child agrees to this. we are worried (such as with the adoption) that not knowing where the biological mother is, this will drag out in court. what is the easiest way to go about the legal name change? Is it simplest to wait for adoption proceedings. Can we ''use'' the name-to-be prior to it being legally changed (for school and medical purposes?) I know this is a confusing situation, but I cant even get a straight answer from out local probate court! Can the child just take her dads name by choice? Any help appreciated. --name removed--


Asked on 5/13/03, 9:38 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: name change-situation specific

Everybody has a commonlaw right to change their names as long as they don't do it for fraudulent reasons. All you have to do is start using the new name and do so consistently.

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Answered on 5/14/03, 8:49 pm


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