Changing A Child's Name
By: Lidia Sykisz, Esq
It is relatively easy to change the name as long as both parents agree or the other parent does not have strong objections to such name change.
Situations in which you can officially change childs name are as follows:
- get a name change order for yourself and then your child can take your new last name
- both parents can sign a paternity agreement that adds the fathers name to the childs birth certificate. Then, child can take the fathers last name (this can be done in Family Court)
-ask the New York State Supreme Court to change your childs name
Can the mother change childs name to his fathers if both parents were never married?
Even though he child was born when parents were not married or the mother actually never married the father, the child can still have fathers last name. It can be done by establishing paternity in family court. Please remember that the fact that fathers name is on the birth certificate doesnt mean that he is actually the father.
Changing the name in the Supreme Court?
You can change your childs name by filing a petition in the Supreme court, which means you are making a formal written request to the court for the name change. You will been certain documents to do so as well as a fee. The following documents are required:
Name Change Petition
Name Change Order
Request for Judicial Intervention (RJI)
Index Number Application
You also have to remember that the court needs to know your reason for the name change so make sure you include that in your petitions.
In addition, the judge needs to see your childs ID and a certified copy of the birth certificate.
Things to remember while preparing the petition.
You must also remember that the court will ask you if you have been convicted of the crime, or if there are any liens or judgments against you or your property. You will also be asked whether you had previously filed a name change petition, and if yes what happened.
What happens after the documents are filed with the court?
Once you file all the necessary documents, the other parent needs to be notified about your wish to change the name. He/she has then time to respond. A lot of times the other parent does not agree with the change and prefers that the child keeps his/hers last name.
What happens if the other parent does not agree with the name change?
It can be very difficult to change your childs name if the other parent does not agree to the name change. The courts only concern is the best interest of the child and any decision the judge makes will take into consideration the well being of the child.
Therefore, examples of good reasons for the name change are: abandonment of the child by the other parent, stigma stemming from other parents behavior (incarceration, criminal record) or domestic violence incidents. Judge can deny the name change if it interferes with the rights of another person.
There is a lot of case law in the field of name change and each case presents its unique scenario. There are situations when such serious issues as religion are involved or when the age of the child matters and his or her maturity in making a decision for herself/himself. Courts try to determine whether the name change would be beneficial for the child and his or her best interest would be served by such name change.
Lidia Sykisz, Esq is a New York Divorce Lawyer. She is also a Criminal Lawyer in New York.
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