Legal Question in Family Law in New York
My 29 year old niece was just diagnosed with cancer. She has two boys afes 4 & 3. The father of the boys is in prison, she is not married to the father. However, the boys have his last name. Can she change their birth certificates to her name? Can she name her brother as legal guardian in the event that something happens to her or do the boys go to their father?
1 Answer from Attorneys
Q. Can she change their birth certificates to her name?
A. I assume you mean the last name of each child. The answer is yes - through a petition to the Court. However, you would need consent from the father.
Q. Can she name her brother as legal guardian in the event that something happens to her or do the boys go to their father?
A. If the father is in jail, the boys to not go to the father. Therefore, you may name the brother as legal guardian. However, if the father is not in jail, it does not matter what the will says. The court stands in the shoes of the children and determines what is in the best interest of the child.
Mike.
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