Legal Question in Family Law in New York
name change
I have a 5 yr old son born out of wedlock and he was given my last name. I am now married and would like to give him my husband's last name (he is not my son's father). An adoption is currently out of the question as his birth father won't allow it. Do I need the birth father's permission to change his last name? Also, if it is possible, how do I go about doing it?
1 Answer from Attorneys
Re: name change
If your son's father has an ongoing relationship with the child, then why would you ask him to consent to an adoption? However, if the father does not exercise visitation, or is not paying child support, etc., then the Court may grant a termination of parental rights.
This would make the father's consent to an adoption irrelevant. Short of an adoption, if you are the custodial parent, and there is no agreement to the contrary, you may petition the court for a name change for your son.
If you wish to discuss this with me privately, please call to schedule a consultation.
For more information, please see my web site.
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