Legal Question in Family Law in New York

child name changing

I have a 3 year old child with a former girlfriend, who has recently remarried. We were never married. Our child uses her maiden name as his last name. Now she wants to change our son's last name to her newly married name. Question 1: what does that entail and could I potentially lose any of my rights to her new husband? Question 2: Is it too late for me to have his last name changed to mine since paternity has been established??? Do I need her consent??


Asked on 4/16/01, 7:08 pm

1 Answer from Attorneys

Re: child name changing

She cannot change the name of the child

without your permission This changes

only if you "abandon" the child. This

requires no contact with the child for

extended periods (years)

You cannot force her to use your last name

as opposed to her maiden name for the child

The fact that there is a name on the birth

certificate will prevent shenanigans. The

child must always be registered in school and

the school will go by what is on the birth

certificate

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Answered on 6/09/01, 10:40 am


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