Legal Question in Family Law in New York

father has not been in the picture

My Daughter is 9 years old. She carries my ex's last name. She was born in the state of MN and now we live back here in NY. I have tried to locate my ex so that I can change her last name. My ex hasn't been in the picture since she was born. I am now married and my husband is all she knows as her father. It's been over 7 years since last I've tried to locate him. I have tried sending him a petition to his last known address and he has not responded. Can his rights be relinquished from him and can I change her last name to my maiden name?


Asked on 4/25/07, 12:09 am

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: father has not been in the picture

You should take a trip down to the Family Court in Westbury, and speak to the clerk. You will have to serve your ex with service of process. There are a number of ways to do that even when the person you are looking for is missing.

Of course your matter is a complicated but achievable one. You would be well served to have an attorney. You may contact our office by sending us an e-mail.

Good luck to you and your little girl.

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Answered on 4/25/07, 9:35 am
Charles Wolff Charles Oliver Wolff, Esq.

Re: father has not been in the picture

You can satisfy the requirement for notice to the father for a petition to change her name by publishing a legal notice in major newspapers in areas where he was last known to reside. Contact an attorney for assistance.

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Answered on 4/25/07, 11:28 am


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