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!

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.

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?

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Quoting President Balut

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Why would the court records remain public?

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

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Quoting President Balut

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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?

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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.

So why do you still insist that name changes are public record, yet concur that I can seal them? You are contradicting yourself.

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?

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.

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Quoting President Balut

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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.

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If you know the answer, then why ask here?

When did I do that?

So, answer the question.

Are you or are you not in physical jeopardy?

Why? Are you?

Okay, now you're just being deliberately obtuse.

I will say it one more time.

The ONLY exceptions under which a name change can be sealed is if the applicant is in physical jeopardy.

Since you won't say that you are, it would appear that you are not.

That being the case, your name change will remain a matter of public record.

Have a good evening.

cbg out.

You are an idiot. We've already been over the law. Name changes are NOT public record in every case. My name change will not be public record. It is my RIGHT UNDER LAW TO NOT HAVE IT TO BE PUBLIC RECORD.

Continue to troll here and you will be banned. This is your final warning! Got it?

YOU don't have the power to ban me, cupcake. And no, it is not your right under the law to have it sealed UNLESS YOU ARE IN PHYSICAL JEOPARDY.

When you post on a public board, you don't get to say who responds.

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Quoting President Balut

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You are an idiot. We've already been over the law. Name changes are NOT public record in every case. My name change will not be public record. It is my RIGHT UNDER LAW TO NOT HAVE IT TO BE PUBLIC RECORD.

Continue to troll here and you will be banned. This is your final warning! Got it?

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I didn't realize you had the power to ban people.

When did this happen, pray?

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A quick question. Is your spouse actually the legal parent of your child?

The PM you sent to me has been forwarded to the moderators.

I'm not the one who is looking at the ban hammer.

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Quoting cbg

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The PM you sent to me has been forwarded to the moderators.

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Oh no he didn't.

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Quoting cbg

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I'm not the one who is looking at the ban hammer.

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Let it sing it's sweet, sweet song!

Change your name. Change your spouses name. Change your kids name. Change your puppies name. YOU ARE STILL GOING TO HAVE DADS DEFECTIVE DNA. Feel better now?

Quote:

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Quoting President Balut

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You are an idiot. We've already been over the law. Name changes are NOT public record in every case. My name change will not be public record. It is my RIGHT UNDER LAW TO NOT HAVE IT TO BE PUBLIC RECORD.

Continue to troll here and you will be banned. This is your final warning! Got it?

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Hey I got the same PM!

I feel lucky!

Awww...now I feel left out. :rolleyes:

WE still love you, Free :D

The New York Courts make this pretty clear:

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Quoting New York Courts, Adult Name Change

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Privacy concerns

All name change applications can be viewed by anyone because they are public records. Also, the court will require notice of your name change to be printed in a newspaper.

According to the law, if your safety is in danger you can have your name change request "sealed" right away [New York Civil Rights Law section 64-a(2)]. A sealed name change request cannot be found in the public records. The court file will stay sealed while the court considers the request.

After the judge rules on your name change, If the court finds that your safety is in danger, the law also says that you do not have to publish the name change in the newspaper and the court can seal your name change for good [New York Civil Right Law section 64-a(1)].

If you are applying for a name change because your safety is in danger, DO NOT use this DIY program. It will not protect your privacy. It is recommended that you see a lawyer or a domestic violence counselor.

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Quote:

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Quoting New York Civil Rights Law, Sec. 64-a. Exemption from publication requirements.

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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.

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.

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Quote:

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Quoting President Balut

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Continue to troll here and you will be banned. This is your final warning! Got it?

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You don't get to make those decisions, little one. And in fact, if I hadn't been busy showing my exchange student around, YOUR ban would have happened sooner. Whatever delusional fantasy you're entangled in, it won't be played out here.

Fact is, dude. You want to change your name. Your wife wants to change her name....
Here's the process:
- You need to petition the court.
- The court will give you instructions such as to publish a LEGAL NOTICE in the NEWSPAPER (your local paper, they will specify which one). Last I knew, it had to run for a certain period of time, I believe atleast once a week for 4 weeks.
- The court will ask for proof it was published. Expect to bring in the entire page of the newspaper editions it ran in.
- You will also pay for running the legal ad.

If someone protests the name change...guess what? More court dates.

I don't see why not just leave town and leave no forwarding address.....