Legal Question in Family Law in New York

I would like to change my last name. When I was four, my biological mother and father went through an ugly divorce. I stayed with my mother and kept my biological father's last name which is Comstock. My mother remarried and took the name "Hanes". So my adopted Father's last name is "Hanes". I did not take on my new fathers last name, because a "legal" adoption would've meant that my mother had to contact my biological father for permission. So 17 years have gone by, I'm now married and my wife is 7 months pregnant. She naturally took on my legal last name (which is Comstock).

I would like to have my last name, as well my wife's last name changed to Hanes. The issue is complicated by the fact that my wife is 7 months pregnant, and my parent would like this to be complete before the baby arrives so the child can also carry the name Hanes.

I'd like the full scoop on the process, but here are some of my main concerns:

Would my wife have to go through a name change as well? (I ask this question, because she took on the last name Comstock when we married)

Can this be completed in less than three months time?

If the child is born during this process, will she be given the name Comstock, only for my wife and I to shortly thereafter have our names changed to Hanes?

This is obviously a time-sensitive issue so a speedy response would be greatly appreciated.

Thanks,

Chris


Asked on 8/08/10, 2:42 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Your is a complicated question. First, you can change your name, the forms are at www.nycourts.gov in the forms section. Second, yes your wife will have to change her name as well since that is the name you used and she accepted on your marriage license. Third, it will depend on the clerks office and judge as to how long it can take but I will tell you these things usually are not able to be accomplished in such a short time. You might want to contact the clerks office at the Family Court in your area. If you treat them very nicely, the can answer question of a procedural not legal nature.

You might want to contact an attorney in your area as well.

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Answered on 8/14/10, 2:52 pm


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