Legal Question in Family Law in New York

Re: stepdaughters name change

Your question is somewhat unclear, but....

A person may be "called" by any name they chose, so long as the "use name" is not intended to deceive.

So, your stepdaughter may "use" whatever name she wants to use, provided her father does not object and there is no court preventing her use of another name.

To legally change a surname, filing of a Petition for Name Change in Court is required; and all necessary parties MUST be formally notified or serviced with a copy of the Petition.

A natural father is a necessary party to a name change proceeding, if the child is a minor.

So, rather than scaring up the father, to possibly give grief over the proposed name change, Put everyone ON NOTICE, in writing, OF her name {what she wishes to be called} and insist upon everyone, including the school etc., calling her by that name. Leave legal, formal name change proceedings to another day, when your daughter is no longer subject to her natural father disrupting her life.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ