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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Changing Both Mine and Daughters Last Name

    My question involves name change laws in the State of: New York
    Okay, this is kind of a complicated situations, but here goes. When I was born I was given my mother's last name. Now I would like to change my last name to my father's last name, now deceased, and the same last name as my older sister. This isn't what I'm worried about. I have given birth to a daughter and although her father is on the birth certificate, I gave her my last name. I would like to change her last name to my father's as well because the reason I gave her my last name was so we would have the same last name. My question is: should this be a problem? Will her father have to consent although I haven't spoken to him in over three years?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Changing Both Mine and Daughters Last Name

    Dad will generally have to be notified but since you're wanting to change the name from yours to something else (in other words, his name isn't present at all), he generally would have a hard time fighting it.

    Quick question though - what are you going to do if you get married in a couple of years?

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Changing Both Mine and Daughters Last Name

    If I get married I will hyphenate my name so she still have part of my last name.
    Oh, and if I need his consent, will the court notify him or will I have to do it myself? I have no clue where to find him or even contact him for that matter...

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing Both Mine and Daughters Last Name

    For the minor, Doggy is right. Note you must have consent or at least attempted to notify the other parent who can surely protest.
    http://www.rocketlawyer.com/article/...for-a-minor.rl
    You must notify him. If you truly can't find him, you can do so by publication, but you will have to explain in your petition what you did to try to locate him.

    For your own name, if you get married both the bride and groom can elect to change their surname to the surname of either the bride or groom, or some combination of the two (can be hyphenated, or you can make up a new name out of pieces of either name). You still have to go through the court process to change the minor's name.

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