Legal Question in Family Law in New Mexico
name change for a minor.
My 12 yr old son would like to change his last name to my last name. How would I go about this?and do I have the right to do this? He has no conact with his father at all. And has been wanting to this for am long time. Do I have to wait for him to get to be at an age where he can do this himself?We are worried that his dad maybe using his ss# and would make it hard for him being that they both have the same name and last names? Do you think that could happen? How much would that cost me to change his name? and how would I go about this? please let me know?
1 Answer from Attorneys
Re: name change for a minor.
If you want to do this yourself you can go down to Valiant Printing on Silver (or Gold) and between 5th and 6th street and pick up a name change packet. It may run you about $20 or so. (It's been a while since I bought one so I might be off a bit on the $$). Next, go to the public library (or try to look online) for section 40-8-1 (and the paragraphs following)of the New Mexico Statutes Annotated - (they are BIG RED books). The process and procedure on how to go about doing a name change for a minor is in the book. The forms will cover the rest. You'll also have to do some publishing and you can talk to a newspaper in your county about legal publishing and they'll give you the price. In the end you'll have to request a short hearing (probably less than 30 minutes) before a judge and that will be that. As long as you don't mind doing a lot of running around and going to get cash to pay the court clerks and doing tedious mundane things you'll probably do okay. If you went and talked to a lawyer you'd find this thing to be a whole lot nicer and easier to do. (Sometimes lawyers are really more than worth the price you pay).
Now, the hard part may be the parts you didn't mention in your query. Do you have a divorce decree or other court order that gives the father joint legal custody? The legal custody of the child may become an important factor. The facts surrounding the father's absense may become an issue. Notice to the father may become an issue. So, it might be worth your while to sit down with a family lawyer and discuss this matter for a bit before you decide to undertake the adventure. The visit with the lawyer may answer all your questions and still leave you in a position of 'do it yourself.' Go, make an appointment, and see what happens.
Good luck.