Legal Question in Family Law in New York
Change my 8 year old sons last name back to mine
My son is 8 years old, turing 9 in July. When he was born he had my last name. At the time I was young and with the father and the name became controversal. I then gave him his fathers last name. His father has not been in the picture in over 3 years and has proven to be unfit in many areas. Not to mention when he was involved it was rare and unappropriate for my son. I would love more than anything, and so would my son; if he could have my last name back to carry on in memory of my late grandfather. Not to mention I want him to stop having to feel left out and constantly reminded of his fathers unexistance in his life. PLease let me know what I have to do, if i need a lwayer, where to go and how much this will costs me? I greatly appreciate any advice you can provide me. I have just graduated from college, work full time and have another son. My income is ok but not enough for too much of an expense to accure. Please contact me at your earliest convience. Thank you very much!
1 Answer from Attorneys
Re: Change my 8 year old sons last name back to mine
A Name Change Petition in many instances is not a complicated process and can be done Pro Se (ie, without a lawyer).
However, whether your son's name can be changed back to what it was at his birth, depends upon how his name was changed to his father's in the first place.
If you and the natural father signed a "Paternity Acknowledgement" form that was duly recorded with the Department of Health and Vital Statistics, and entered on his birth record, you will require Notice & Consent of the father (presently named), and a Court Order, to change any of your child's names.
Good luck,
Phroska L. McAlister,ESQ
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