Legal Question in Family Law in New Mexico

Re: Adding A Name

Name change is, at once, both the most simple law we have and (in the family law context can be) one of the most complicated. On the simple side, the reality, and NOT illegal thing that anyone can do with their name is begin using what ever 'new' name it is that they want to use. Thus, while you did not say whether your daughter wanted to begin using a 'new' name she can start using one without doing anything more. The only issue here is that if she has to sign her 'official' name on some 'official' document then she cannot sign her 'assumed' name she has to sign her official name.

Second, if her father agrees, you can file certain paperwork at the court house, then publish it as is required by the statue (New Mexico Statutes Annotated 40-8-1 and 40-8-2 and 40-8-3) and go to court (a really short 5 to 15 minute hearing) and then you are done.

Third, if the child's father does not agree then you can still do everything the same as #2 above but your hearing (if the dad shows up and protests) may be much more complicated. The degree of complication will depend upon many other factors too numerous to go into on this bulleting board.

See my other posts on how to find a lawyer in your town or city. Some of the larger towns and cities have name change kits that you can buy and do this task on your own and without an attorney. An attorney can make this a much easier task to perform on your own but this is not something that absolutely requires the use of an attorney.

Some of the Book Stores and Office Supply Stores and printing companies will have the forms for sale to the public.

Good Luck.