Legal Question in Family Law in New Jersey

Hyphenating my child`s last name

I`m married and want to hyphenate my daughter`s last name to my husband`s but he is not her birth father her biogolical father name is not on the birth certificate.

Do i need his consent to hyphenate her name although she has my maiden name?

Could i just go right ahead and do it on my own?

Would my husband need to adopt her?

Asked on 8/01/05, 4:56 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates
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Re: Hyphenating my child`s last name

I think you are asking if you must get the consent of the biological father to change your child's name to conform to the name of your husband.

The answer is: if he is 'out of the picture', then you do not need to notify him or gain his consent. You can accomplish the name change through the Supreme Court. I would charge $250.00 for the name-change.

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Answered on 8/02/05, 5:20 pm
John Friedman Law Office of John K. Friedman
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Re: Hyphenating my child`s last name

It's unclear from you question whether you are in NY or NJ; the following, though not legal advice but merely an informal statement, goes to NY law only.

The law in NYS is that you can call yourself whatever you want without court order provided you do not do so for any fraudulent or other illegal purpose. A legal name change will become necessary to reflect personal preference on documents such as driver's licenses, deeds, etc.

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Answered on 8/01/05, 5:12 pm

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