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  1. #1
    Join Date
    May 2017
    Location
    Upstate NY
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    1

    Default How to Change My Daughter's Last Name to Mine

    My question involves name change laws in the State of: New York

    I want to change my daughter's last name to mine, is there any way I can do that without the consent from her father? We have never been married, he hasn't had much to do with her since she has been born. And he hasn't given me much money for her in 2 years.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Wanting to Change My Daughter's Last Name to Mine

    Quote Quoting ellemae_21
    View Post
    My question involves name change laws in the State of: New York

    I want to change my daughter's last name to mine, is there any way I can do that without the consent from her father? We have never been married, he hasn't had much to do with her since she has been born. And he hasn't given me much money for her in 2 years.
    Is he legally her father? If so yes, you would need his consent.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Change My Daughter's Last Name to Mine

    Quote Quoting ellemae_21
    View Post
    My question involves name change laws in the State of: New York

    I want to change my daughter's last name to mine, is there any way I can do that without the consent from her father? We have never been married, he hasn't had much to do with her since she has been born. And he hasn't given me much money for her in 2 years.
    ... so you'd be less likely to want to change her name if he had been giving you money?

    Huh.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: How to Change My Daughter's Last Name to Mine

    Is there even a child support order in place? Reprehensible though it may be, he's not legally obligated to provide any money without one.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Change My Daughter's Last Name to Mine

    The official father (the one on the birth certificate or later determined to be the father by the court) must either join in the petition or sign a consent. If he doesn't consent, then you will have to serve him and he can show up in court and protest the change.

    Note the judge will determine if the name change is in the best interest of the child. Whether or not support has been giving is not much of a concern in that process. The courts do not endorse name change petitions as a de facto parental rights actions.

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