birth certificate and signed acknowledgement of paternity says that he wants me to change his last name. does anyone know if he can somehow do this behind my back or if he can't at all. i live in new york please help
2007-04-27 12:12:21 · 6 answers · asked by springshowers76 3 in Politics & Government ➔ Law & Ethics
he starts in may paying 50 dollars a month for child support
2007-04-27 12:31:50 · update #1
He can't do it behind your back legally. He has to file a court action to change a child's name and you have to be notified. He doesn't have the right to change a child's name, anyway, if you were not married.
2007-04-27 12:16:07 · answer #1 · answered by David M 7 · 0⤊ 0⤋
In any jurisdiction, changing a name usually requires filing the necessary application with the state court in the place where your child resides. As the custodial parent, any application for name change of a minor would have to be served upon you giving you the date, time and place of the hearing on the application for name change. You would then have the opportunity to argue against the name change. Usually the application would have to be published in a newspaper (which would constitute service of notice), as well. I don't think this man is really going to want to get into a court battle with you over a name change. You are the custodial parent - the child has been named since birth - he can't change it without you knowing it. Good luck -
2007-04-27 20:01:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Although your NY state law may be different, most states will allow a name change up to one year after the birth of the baby. However this would be with both parents in agreement. You would have to go to the Bureau of Vital Statistics, or whatever it is called there to effect the change. For any further advice, contact your local Bar Association, and they'll give you a name of an attorney, who will answer your questions, and help you further. Usually this is done "pro-bono", or for a small sum.
2007-04-27 19:28:11 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
He cannot change your son's name without you knowing. You are the legal guardian and costodial parent of the child. The most he could do is petition the court and then you would get information regarding a court date in which you would be required to attend.
2007-04-27 19:15:31 · answer #4 · answered by i_just_wondering 1 · 0⤊ 0⤋
No, since he is not legally married to you, the child gets your name by default. Unless he could prove one HELL of a good reason why the child should have his name to a family court judge, he can't change it.
And I have never seen a good reason for a name change. If his name was Kennedy and your name was Hitler, might start to be something...:)
2007-04-27 19:26:50 · answer #5 · answered by jgain 3 · 0⤊ 0⤋
He cannot change it. New York is very mom friendly. Is he paying support?
2007-04-27 19:20:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋