My question involves name change laws in the State of: New York, NY
At this time its been over 3 years since my ex husband had any contact with our now 5 year old. I was awarded a divorce under cruel and inhumane treatment and was given an order of protection that while it included our child, it expired after a year. At this time, I tried to get my daughter's name changed but was denied because her biological father is still alive and paying child support via support collection unit. My daughter began school Pre K last year but it isn't until now that she does not recognize her last name. At 5 yrs she is identifying herself with her step dad who has been raising her for the past 2.6 years. She has no contact with her biological family and I feel that it is important for her to relate to us in name as well as emotion. The court informed me that I needed the consent of her biological father however, due to the aggressive physical nature of the relationship, I was prohibited from locating him to serve him the documents allowing him to sign off his rights. Now I am raising my daughter and yes while he provides child support, I feel it is more important for my daughter to have a sense of belonging and would like to pursue the name change again. My question is how do I go about it this time around? I want a favorable decision and don't want to invest time and emotion in the process if it will be denied due to the fact that her biological father is still very much alive and provides child support.