Legal Question in Family Law in New York
Male name change
My fiancee (31 years old) has a last name from a past stepfather he despises and his mother is now deceased and he would love to take her maiden name as his own to pass to me and our future children. His mother was divorced and re-married to another man when she passed and his real father is not in his life.
Does he have to do this through the court first or just change it with me when we get our marriage certificates and then change all the proper paperwork that I would normally only have to change?
2 Answers from Attorneys
Re: Male name change
Your intended needs to get a certified copy of his birth certificate from the State, to verify what is listed as his surname.
If your intended was born out of wedlock, there's a good chance your intended already carries his mother's surname, on his birth record.
The name his mother used, was probably a "USE Name," And, even if the stepfather "claimed" him or was named as father on the certificate, while married to his mother, that does not necessarily mean his birth certificate "legal" surname was changed.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Male name change
If all of his official documents carry his step father's name, and he wants to change it to his mother's maiden name, he needs to go through the courts.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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