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Hyphenating a child's last name in New York

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  • 11-14-2006, 10:52 AM
    mispusycat
    Hyphenating a child's last name in New York
    I am the proud single mother of a beautiful 9 month old baby boy. My son's father was present during the birth and paternity was established on the birth certificate. I also gave my son his father's last name, expecting us to marry. Unfortunately, things did not work out with my son's father due to his subtance and verbal abuse towards me. When I became pregnant we were engaged, but never married and I left when he turned the verbal abuse on my then two month old son. We are currently living with my parents as I get my masters degree and my life together. My son's father is currently paying a generous amount of child support, although late at times, as ordered by the family court of Nassau County, NY, where we reside. I have full custody and am the custodial parent. He never attempted custody or visitation rights through the court, I believe because he was verbally abusive to my son and knew this would come up. Only my family and friends are aware of how bad it was; he is an "angel" in the eyes of his family and friends and they have shown little interest in my son. Because I know how important a positive relationship with a father is, I encouraged supervised visits. Although at first he did not seem very intrested, recently he has come around.

    My question is this, can I hyphanate my son's last name to, let's say, "Jones-Smith" instead of the current paternal "Jones". Since he is living with me and my family, all "Smiths", whom provide pretty much everything as far as love, nurture and stable relationships go, wouldn't it be easier for him to identify with us if he was, in part, a "Smith" too? I feel this would make the school years, particularly elementary, easier too. Also, my father produced two daughters, it would be nice to have my son pass down the family name. And with the hyphanization we both get to do so. I presented this to my fathers son and he nodded his head, which I assume was giving me the go ahead. Where do I go from here? Thank you for all information provided.
  • 11-14-2006, 12:12 PM
    rmet4nzkx
    Re: Hyphanating my son's last name in NY
    If you have the father's agreement to hyphanate the name, you should be able to petition the court to do a name change since it doesn't affect "paternity" which is already established, then the birth certificate could be amended. http://www.nassaucountyny.gov/agenci...kInfo/FAQ.html
  • 11-14-2006, 01:06 PM
    seniorjudge
    Re: Erica NY
    ...I presented this to my fathers son and he nodded his head, which I assume was giving me the go ahead.....

    When you hire a lawyer to do this name change, have pa sign an agreement (whatever the lawyer tells him to do).
  • 11-14-2006, 01:32 PM
    aaron
    Re: Erica NY
    You can find forms here for the name change of a minor, including the petition and a document the father can use to indicate his consent.
  • 11-16-2006, 11:20 AM
    mispusycat
    Re: Hyphenating a child's last name in New York
    Thank you so much for you quick responses, they are really appreciated. Just one more question. Can I use the online form "Name Change (NYC Civil Court)" listed on New York Court Help for Nassau County, NY petition and consent? Or should I just go straight to the Nassau County Clerk's Office and fill petition forms in person. Also, do I really need a lawyer to do so even though I have the fathers permission? If so, can you please reccomend where I can find a good inexpensive lawyer. My last lawyer was a dissapointment. :) THANK YOU!!! :)
  • 11-16-2006, 11:22 AM
    Mr. Knowitall
    Re: Hyphenating a child's last name in New York
    It certainly wouldn't hurt to ask the local court if they have local versions of the forms.

    You can look at these resources for legal aid-type organizations in New York.
  • 11-16-2006, 12:18 PM
    rmet4nzkx
    Re: Hyphenating a child's last name in New York
    Quote:

    Quoting mispusycat
    View Post
    Thank you so much for you quick responses, they are really appreciated. Just one more question. Can I use the online form "Name Change (NYC Civil Court)" listed on New York Court Help for Nassau County, NY petition and consent? Or should I just go straight to the Nassau County Clerk's Office and fill petition forms in person. Also, do I really need a lawyer to do so even though I have the fathers permission? If so, can you please reccomend where I can find a good inexpensive lawyer. My last lawyer was a dissapointment. :) THANK YOU!!! :)

    That's why I gave you the link to your local court, also while you may have an indication that Dad agrees you will need some form of written consent the court can advise you of what you need, if you have everything and dad agrees, then you may be able to do this yourself fairly easily.
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