Legal Question in Family Law in New York
Mothers madien name
My daughter uses her fathers last name, But I would like to have her use my madien name as her last name instead of his. We're not married, never have been. Do I have to have it changed or can she just use it. Her name on her birth certificate has his last name.
2 Answers from Attorneys
Re: Mothers madien name
You would have to file a petition with the Court. Forms and information for the petition may be found at http://www.courts.state.ny.us/forms/namechange.shtml.
You will need consent from the child's father.
Mike.
Re: Mothers madien name
You don't say how old your daughter is, I'm assuming she's young. It would be a good idea to change the name officially (legally) because it will cause confustion otherwise when she gets older and wants to get a drivers license, open a bank account, file for work papers, get married, etc. If the father is not involved in your daughter's life, and you were never married, you may not need his consent to change your daughter's name, if it can be shown he's waived his parental rights.
It's not that difficult to change a name. If you'd like legal assistance I'd be glad to meet with you and help you do it.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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