Legal Question in Family Law in New York

I moved to New York, last March of 2009. Before I came out here I lived in California, I filed paperwork to change my Son Jayden, whom is 4 years old (9/16/05), last name to my last name, because his legal last name is my ex's who is not Jayden's biological father & he took a DNA test through California Child Support Services to determine that. But Jayden's legal Father has nothing & wants nothing to do w/ him, I just want to change my son's last name to mine. I filed paperwork here in Delhi,Ny & they wrote me a letter stating that I would have to get in contact & have my son's legal father to sign off, but I have no contact w/ him, he wants nothing to do w/ Jayden. How can I change my son's last name to mine?


Asked on 1/11/10, 7:54 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

There is a possibly that your ex-husband could give permission rather than the biological father. The best advice would be for you to see an attorney before filing a petition in a court of law.

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Answered on 1/17/10, 6:05 am
Michael Markowitz Michael A. Markowitz, PC

I think Mr. Wade's answer is wrong. I agree with the Court. You would have to obtain permission from your son's legal father to change the name. The ex husband is not the legal father.

Mike.

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Answered on 1/18/10, 6:10 am


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