Changing your child’s name after a New York divorce

When parents divorce in New York, disputes can potentially arise over the last name of any minor children. This normally happens when the mother has primary custody and remarries, or simply wants to charge the child’s surname to her maiden name (or whatever name she is currently using). The father objects and the matter is turned over to the courts to decide.

At present there are three primary attitudes that courts take to name change disputes:

• The decision is based on what the court believes is in the best interests of the child. If a surname change is the best move for him or her, then the petition is granted.
• The judge favors the status quo, and any petition to change a child’s surname will be granted only if keeping the original one would be detrimental to him or her in some way.
• The custodial parent is given the right to decide his or her child’s surname unless the opposing parent can prove that such a move is potentially harmful to the child.

When determining whether or not to grant the name change request, judges consider factors like the following:

• The child’s need to identify with the new family arrangement (if there has been a remarriage)
• How long he or she has been using the father’s surname
• The strength and quality of the mother-child relationship

Changing surnames—the process                                              

To legally change the name of a minor child in New York, you have to observe the following procedure:

• File a Request for Judicial Intervention
• File a Petition for Change of Name
• File the Order for Change of Name after it has been issued and signed
• Publish an announcement in your local newspaper
• File the Affidavit of Publication

You will also have to notify governmental agencies of the name change.

If the child’s other parent did not fill out a consent form, then he or she must be served with a copy of the Petition and notice that indicates the time and venue of the name change hearing. If he or she lives outside of New York State, then the notice must be sent to their last known address via certified mail. Should it prove impossible to locate him or her, the judge may opt to dispense with the notice requirement.

If you are a custodial parent and need assistance in changing your child’s last name to reflect stepparent adoption or other changed circumstances, then contact a New York family law attorney. If your ex refuses to allow the change or even discuss it with you, an attorney can help you persuade a judge that your child’s best interests would be served by taking on your preferred name. Contact Eskin & Eskin, P.C. to learn more about name changes. Our office is a family law firm for family law matters and we offer free consultations at our Bronx, NY office. Call 718-502-4204 to set up your appointment.