Divorces and break-ups can get messy and if there is a child involved, it can get even messier. It isn’t unusual for one parent to want to change the child’s last name at some point. The child may even want to change their name. The problem is, it isn’t as simple as filing a piece of paper with the court.
A judge has to approve the name change and will often seek consent from the other parent.
If that parent does not give their consent, the judge is left to either deny the name change or approve it, overriding the other parent’s wishes.
Here’s what you need to know about changing your child’s name when the other parent won’t give their consent.
What are the Reasons for Changing a Child’s Surname?
There are several valid reasons that a parent may want to change a child’s surname in New York. The judge will consider the parent’s reason for wanting to change the child’s name as well as the other parent’s reason for objecting.
Some of the more common reasons for changing a child’s last name include:
- The mother married someone else, and her last name changed so she wants to change the child’s name to match hers.
- The parent’s divorce and the mother reverts to her maiden name so she wants her child’s name to match hers.
- The mother has fled a domestic violence situation and wants to change her child’s name as well as her own to have some protection from their abuser finding them.
- The parent wants the child’s surname to match the mother or father.
- The parent wants to hyphenate both parents’ surnames and wishes to change the child’s name to reflect that.
- The parent is changing their own name for religious reasons and wants to change their child’s name as well.
- The parent wants to change the child’s name to the father’s surname because paternity has been established.
- The child may encounter harassment, embarrassment, or problems with the name.
- A stepparent, grandparent, or legal guardian has adopted the child.
- The child wants to have a different surname.
While these reasons may seem valid to the person who wants the name change for the child, that doesn’t mean the court will see it the same way.
Can the Mother Change The Child’s Surname Without The Father’s Consent in New York?
The mother (or legal guardian) may be able to change the child’s surname without the father’s (or other parent’s) consent. It depends upon the circumstances of the case and the judge who is presiding over the case. All legal name changes must be done through the court so that it is properly documented and official.
The other parent must be notified of the requested name change and they must provide their consent. If they give their consent, the case can move forward and the judge can decide whether or not to grant the name change.
If the other parent does not give their consent or refuses to complete the form giving consent, the mother or individual requesting the name change must take additional steps and file additional forms. Either way, the other parent must be notified and asked for consent. The only cases where the court may not need or want consent from the other parent is if there is a domestic violence situation and the name change is intended to keep the child safe.
How Long Does It Take to Change A Child’s Name in New York?
The length of time it takes to change a child’s name in New York varies greatly. There are several factors that affect the timeframe which can be from one day to 6 months or more. They are:
- The county the courthouse is in
- The courthouse
- The judge
- Seeking the other parent to get consent
- The other parent’s objection
- Particulars of the case
There are so many things that can affect not only how long it takes to change a child’s name in New York, but whether it is done at all.
Can You Give Your Baby Any Last Name in New York?
In New York, as in just about anywhere in the nation, the parents of a child can choose any name they like as long as it is not a prohibited name or one that includes numbers or an unreasonable amount of letters.
The mother can give her baby her last name instead of the father’s. She can also give the child a completely different last name as long as the father agrees (if he is named as the father and paternity has been established if they aren’t married).
If the couple is not married, the father only has a right to participate in naming the baby if he has established paternity and is legally named as the father. If he has not done this, then he has no rights, not even to see the child or pay child support.
What is the Process for Changing a Child’s Surname When the Father Does Not Consent?
Changing a child’s surname requires some legal footwork and it is a good idea to hire a family law attorney to handle it for you. Here are the basics.
In order to file the petition, the parent who is filing and the child must meet certain requirements:
- The child and the parent filing the petition must be residents of the State of New York for a minimum of six months.
- The petition for name change must be filed in the county where the child lives.
- If the child has another non-custodial biological parent, they must be notified of the petition to change the child’s name.
- The non-custodial parent must provide their written consent to the name change.
In preparing for the name change, the parent seeking the change must provide the other parent with a form “Notice to the Non-Petitioning Parent.” And the petitioning parent must complete an Affidavit of Service. These forms can be picked up at the local courthouse.
The Notice to the Non-Petitioning Parent must be completed and signed by the non-custodial parent and it must also be notarized.
Depending on the county where the petition is being filed, if the child is older than 14, they may be required to complete a consent form as well.
The petitioning parent must also file an “Order Granting Leave to Change Child’s Name” along with the other documents. This is what authorized the child’s name change if the judge approves the petition.
Once the forms are complete, file the “Petition for Individual Minor’s Name Change,” “Consent to Minor’s Change in Name,” and “Order Granting Leave to Change Child’s Name” with the court and pay the fee. Other needed items when filing:
- Certified copy of the child’s birth certificate
- Proof of residence for the parent and the child
- Filing fee
If the other parent does not consent to the name change, the petitioning parent will have to serve them with a “Notice to the Non-Petitioning Parent.”
From there, it’s all up to the judge.
If you want to change your child’s name you would be best served to use a knowledgeable, experienced attorney to handle this complex matter for you. The Litvak Law Firm can help you with your child’s name change and a lot more.
Call 718-989-2908 today and find out how we can help you.