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How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificate

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  • 03-29-2014, 09:47 AM
    Mrjr
    How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificate
    My question involves name change laws in the State of: New York

    I'm trying to find out how I can change my child's last name to mine. Her father isn't listed on the birth certificate as we weren't married at the time of birth.. Further more, he hasn't seen her since she was 7 or 8 months.. She's 7 years old now.

    So far, I've been able to get her a passport without his consent as well as a visa to live abroad. I would like to get this done before we move. How should I begin the process.. Any information would be greatly appreciated!
  • 03-29-2014, 11:02 AM
    llworking
    Re: How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificat
    Quote:

    Quoting Mrjr
    View Post
    My question involves name change laws in the State of: New York

    I'm trying to find out how I can change my child's last name to mine. Her father isn't listed on the birth certificate as we weren't married at the time of birth.. Further more, he hasn't seen her since she was 7 or 8 months.. She's 7 years old now.

    So far, I've been able to get her a passport without his consent as well as a visa to live abroad. I would like to get this done before we move. How should I begin the process.. Any information would be greatly appreciated!

    As he isn't legally her father, you should be able to change her last name without his consent.
  • 03-29-2014, 11:56 AM
    Mrjr
    Re: How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificat
    Thanks. He has acknowledged paternity shortly after her birth though and was ruled to pay child support, though he never showed up for court and is $15k behind.

    I just read that I could petition the court, which I'm going to do on Monday. I'm just not sure what the procedure will be with his name not appearing on the birth certificate.

    I really would love for this to be resolved before we depart.
  • 03-29-2014, 11:59 AM
    Mr. Knowitall
    Re: How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificat
    Quote:

    Quoting Mrjr
    View Post
    I'm trying to find out how I can change my child's last name to mine. Her father isn't listed on the birth certificate as we weren't married at the time of birth.. Further more, he hasn't seen her since she was 7 or 8 months.. She's 7 years old now.

    Is there a custody order or support order in effect for the child? If so, even if the information wasn't forwarded to vital records, he's her legal father, he is entitled to notice of any name change action and he can oppose the name change in court. (You addressed these questions while I was posting. He's the legal father and is entitled to notice.)

    Does the child presently have her father's surname?
  • 03-29-2014, 12:36 PM
    Mrjr
    Re: How to Change My Child's Name if Her Father is Not Listed on Her Birth Certificat
    Quote:

    Quoting Mr. Knowitall
    View Post
    Does the child presently have her father's surname?

    She does have his name and has requested that she have her last name changed. I'm pretty sure they will notify him, which I'm not too worried about since he hasn't been around or responsive to past court orders. I have a feeling he won't challenge it but who knows. I guess I was wondering if it would be easier being that he wasn't listed. I wanted to have her name changed before having to apply for another set of official documents in different country.

    I'm now thinking that I should get this and the whole sole custody process out of the way.
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