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Changing My 4 Year Old Daughter's Last Name to Mine

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  • 11-15-2011, 01:59 PM
    KJKlein88
    Changing My 4 Year Old Daughter's Last Name to Mine
    My question involves name change laws in the State of: New York

    I just broke up with my daughter's father a month or so ago and would like to see how I go about changing her last name from his to mine. We have never been married. My reason is because ever since we split up he hasn't really tried seeing her or getting ahold of me in anyway to see her. I have to call or text him. We are expecting our second child any day now and I plan on giving this one my last name because since he found out I was pregnant he hasn't done one thing for this baby for even acknowledged this baby as his. So I think he doesn't deserve to have these children named after him. How do I go about changing my 4 year old's last name to mine if he won't give his consent??
  • 11-15-2011, 02:13 PM
    Dogmatique
    Re: Changing My 4 Year Old Daughter's Last Name to Mine
    You would have to convince the court it's in the child's best interest.

    Punishing Dad because you're mad at him is generally not in the child's best interest.
  • 11-15-2011, 03:22 PM
    KJKlein88
    Re: Changing My 4 Year Old Daughter's Last Name to Mine
    I'm not punishing him because I'm mad at him, he doesn't act like a father at all so why should he get the right to be called one?
  • 11-15-2011, 03:32 PM
    Dogmatique
    Re: Changing My 4 Year Old Daughter's Last Name to Mine
    Because you gave him that right.

    Seriously Mom - I get that you're upset with him, but the court is not likely to honor your request unless you can articulate a valid reason.

    Edit: You can name your newborn anything you wish. If Dad wants to though, he can then file to get the last name hyphenated.
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