ExpertLaw.com Forums

How Do I Change My Child's Name to Match My Own

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 07-18-2013, 06:31 PM
    President Balut
    How Do I Change My Child's Name to Match My Own
    My question involves name change laws in the State of: New York



    I'm going to go to the County Clerk this coming week to file a Petition for Adult Name Change. I'm changing my whole name. First, middle, and last. How do I change my child's last name to match my own? My wife would also like my new name. She is a Permanent Resident.

    I would also like to seal my petition when granted, and void the publication. My family was and is abusive to me. I do not want them to know. Thanks!
  • 07-18-2013, 08:48 PM
    Mr. Knowitall
    Re: How Do I Change My Child's Name to Match My Own
    You are married to the child's mother and you both want the name change?

    You can anticipate that the court records will remain public.
  • 07-19-2013, 04:55 AM
    President Balut
    Re: How Do I Change My Child's Name to Match My Own
    Why would the court records remain public?

    It's my right under law to have the records immediately sealed under NYCRL Section 64 a(2) and exempt publication under NYCRL Section 64 a(1), right?
  • 07-19-2013, 05:57 AM
    free9man
    Re: How Do I Change My Child's Name to Match My Own
    Quote:

    Quoting President Balut
    View Post
    Why would the court records remain public?

    Because that's the way things work. Court records, absent some kind of needed or allowed seal, are public record.

    Quote:

    Quoting President Balut
    View Post
    It's my right under law to have the records immediately sealed under NYCRL Section 64 a(2) and exempt publication under NYCRL Section 64 a(1), right?

    Only if you can prove that the information remaining public would endanger you:

    § 64-a. Exemption from publication requirements.
    1. If the court shall find that the publication of an applicant's change of name would jeopardize such applicant's personal safety, the provisions of sections sixty-three and sixty-four of this article requiring publication shall be waived and shall be inapplicable. The court shall order the records of such change of name proceeding to be sealed, to be opened only by order of the court for good cause shown or at the request of the applicant.

    So unless your family is physically abusing you, there is no guarantee the court is going to grant a seal.

    It is only exempt from publication pending the court's decision the court's decision on your request to seal it:

    2. Notwithstanding any other provision of law, pending such a finding in subdivision one where an applicant seeks relief under this section, the court shall immediately order the applicant's current name, proposed new name, residential and business addresses, telephone numbers, and any other information contained in any pleadings or papers submitted to the court to be safeguarded and sealed in order to prevent their inadvertent or unauthorized use or disclosure while the matter is pending.

    So if your request is denied, it all goes public.
  • 07-19-2013, 05:31 PM
    President Balut
    Re: How Do I Change My Child's Name to Match My Own
    So why do you still insist that name changes are public record, yet concur that I can seal them? You are contradicting yourself.
  • 07-19-2013, 05:37 PM
    cbg
    Re: How Do I Change My Child's Name to Match My Own
    No, he's not.

    Name changes are public record. Period.

    IF AND ONLY IF the applicant can show that his or her physical safety is in jeopardy, an exception can be made.

    So. Are you being physically abused? Is your physical safety in jeopardy?
  • 07-19-2013, 06:31 PM
    President Balut
    Re: How Do I Change My Child's Name to Match My Own
    Name changes are not public record in all cases. As you later go on to concur.

    Why are you people contradicting yourselves on such a simple fact? If you have nothing to add, stay off the forum. Thanks.
  • 07-19-2013, 06:39 PM
    Who'sThatGuy
    Re: How Do I Change My Child's Name to Match My Own
    Quote:

    Quoting President Balut
    View Post
    Name changes are not public record in all cases. As you later go on to concur.

    Why are you people contradicting yourselves on such a simple fact? If you have nothing to add, stay off the forum. Thanks.

    If you know the answer, then why ask here?
  • 07-19-2013, 06:49 PM
    President Balut
    Re: How Do I Change My Child's Name to Match My Own
    When did I do that?
  • 07-19-2013, 06:52 PM
    cbg
    Re: How Do I Change My Child's Name to Match My Own
    So, answer the question.

    Are you or are you not in physical jeopardy?
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 02:56 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved