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??
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