Legal Question in Family Law in New York
Name Change
I am not divorced yet, but separated, my daughter does not have her biological fathers name, but we would like her to . My soon to be ex-husband and the biological father both agree to the name change. Being that everyone is in agreement can we proceed to change her last name and put biological fathers info on her birth certificate? We have DNA results.
Thank you
3 Answers from Attorneys
Re: Name Change
The answer is Yes. You can proceed to have the name changed. You will have to petition the court but since you have everyone's consent it should be pretty simple. You can do this yourself or you can have an attorney do it for you. Having an attorney do it will probably save you time. Assuming all parties consent in writing the cost factor should be reasonable.
Re: Name Change
I think the earlier replies are overlooking a fundamental issue. You may be seeking a lot more than a name change. If the child's biological father wishes to adopt the child, then you should conside a STEP-PARENT adoption.
This will result in a new birth certificate and a new name. It will also have the impact of giving the biological father rhe responsiblity of paying child support and the priivlege of seeking custody, etc.
Re: Name Change
You will need to commence an action in Court to change her name.
Daniel Clement
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Law Offices of Daniel E. Clement
350 Fifth Avenue, Suite 3000
New York, New York 10118
Tel: (212) 279-6194 Fax: (212) 695-6007
E-mail: [email protected]
Website: www.clementlaw.com
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