Legal Question in Family Law in New York
Ex wif ehas sole custody of daughter. however, I see her on a regular basis and have never mised any support payment. Daughter is 11 and we have been divorced for 10 years. Ex has remarried and wants to change daughters last name to her new husbands who she has 2 children with. I disagree, my daughter also has a brother and 3 sisters with our last name. Can she do this without me agreeing? It is in fact something I might agree to, however, only if her step father adopts her and removes my financial and legal obligations. But Mom wishs to keep my support payments and just change my daughters name.
2 Answers from Attorneys
She cannot change the daughter's name without your consent or by order of the court. Before the court moves forward with a name change, you must receive notice so you can object. If you receive a petition for the name change, be mindful of the deadline and court date.
Also licensed and practicing in New York.
She cannot change your daughter's last name without your consent or without a court order. If you receive court papers you can get a lawyer to oppose the application.
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