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  1. #1

    Exclamation Can I Change My Daughter's Last Name Without Her "Father's" Approval

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

    My daughter is now one years old. There is a permanent order of protection in place against her "father" as to where is allowed no contact with my daughter and I. And he has NEVER signed her birth certificat but I gave her his last name. Now I would like to change her last name but I don't know where to start or if I would still need his approval or something. So my question is.. how do I go about changing her last name to mine and would I still need his approval?

  2. #2
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    Default Re: Can I Change My Daughter's Last Name Without Her "Father's" Approval

    You can proceed based upon his permission, or based upon your own action with notice to him (as putative father) that you're seeking to change the child's name. If he opposes the petition, I doubt that the court will have much interest in his opposition unless he also takes the step of establishing paternity. The court will decide a contested petition based upon what it finds to be in the best interest of the child.

  3. #3
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    Default Re: Can I Change My Daughter's Last Name Without Her "Father's" Approval

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

    My daughter is now one years old. There is a permanent order of protection in place against her "father" as to where is allowed no contact with my daughter and I. And he has NEVER signed her birth certificat but I gave her his last name. Now I would like to change her last name but I don't know where to start or if I would still need his approval or something. So my question is.. how do I go about changing her last name to mine and would I still need his approval?
    What reason do you want the name change? How will it benefit the child? You won't necessarily need Dad's "permission" but you will need to prove to the court that it is in the child's best interest to have another name.

  4. #4
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    Default Re: Can I Change My Daughter's Last Name Without Her "Father's" Approval

    Not so much, if nobody opposes the petition.

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