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Wish to change my son's last name to my maiden name. New York

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  • Wish to change my son's last name to my maiden name. New York

    I am estranged/seperated (but not divorced) from my husband for about a year now. Our 3 year old son lives with me. I am in the process of filing for sole physical custody. I never legally took his last name, but my son does carry his last name on his birth certificate.

    I want my son's last name to match mine. His father is a deadbeat dad (never sent a penny, only emails me when he wants something, etc). I really don't want my son to have his last name. So can anyone please tell me how I go about changing it, and how much it will cost me? I am disabled and on limited income but this is more important to me than anything. I want him to not be confused about his last name, especially when he is in school.

    Thank you for any and all information.

  • #2
    Originally posted by wolfmother View Post
    I am estranged/seperated (but not divorced) from my husband for about a year now. Our 3 year old son lives with me. I am in the process of filing for sole physical custody. I never legally took his last name, but my son does carry his last name on his birth certificate.

    I want my son's last name to match mine. His father is a deadbeat dad (never sent a penny, only emails me when he wants something, etc). I really don't want my son to have his last name. So can anyone please tell me how I go about changing it, and how much it will cost me? I am disabled and on limited income but this is more important to me than anything. I want him to not be confused about his last name, especially when he is in school.

    Thank you for any and all information.
    You will either need your husband's permission, or get a court order to allow the name change.

    Since you do not know where your husband is, you'd probably have to go to court. You'll need to prove that the name change is in your son's best interests.
    I understand your thinking, but typically the reasons you have aren't going to be enough. In today's world, most school students have different last names than one of thier parents, or siblings. It really isn't a big deal, and the courts typically will not order a contested, or non noticed, name change for the reason you give.
    As a mother who raised a child who's last name was different thah the rest of the family's, I can tell you that if you don't make a big deal of it, no one else will, not the other kids, not thier parents and not the school personnel.

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    • #3
      Thank you for your information. The other reason I want the name change is because he has the same first name as his father (but a different middle name) and the same as his grandfather. Both of these men have been arrested and incarcerated, and have bad credit. I *still* get calls for my husband at my home. Would this persuade the courts to allow the name change? I am afraid that my son may have to deal with his father and grandfather's bad credit and problems along the way, since their names are so similar.

      Thank you.

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      • #4
        Originally posted by wolfmother View Post
        Thank you for your information. The other reason I want the name change is because he has the same first name as his father (but a different middle name) and the same as his grandfather. Both of these men have been arrested and incarcerated, and have bad credit. I *still* get calls for my husband at my home. Would this persuade the courts to allow the name change? I am afraid that my son may have to deal with his father and grandfather's bad credit and problems along the way, since their names are so similar.

        Thank you.
        This issue can also be brought up in your divorce petition.

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        • #5
          Originally posted by wolfmother View Post
          Thank you for your information. The other reason I want the name change is because he has the same first name as his father (but a different middle name) and the same as his grandfather. Both of these men have been arrested and incarcerated, and have bad credit. I *still* get calls for my husband at my home. Would this persuade the courts to allow the name change? I am afraid that my son may have to deal with his father and grandfather's bad credit and problems along the way, since their names are so similar.

          Thank you.
          I agree with Xena that it might be good to bring up in court but I also know a lot of people that have the same first name/last name as me and the only thing that is different is the middle and never had any problems. That is very common and I would assume that since he has his own middle name, date of birth, and social security number that may be a weak argument.

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          • #6
            As long as it is not to evade debt collectors or for some other illegal purpose, courts generally do not care what the reason is for a name change petition - they're utterly routine. Contact your county's Supreme Court clerk's office for details on any local rules.

            The forms you'll need are on the court system website http://www.courts.state.ny.us/forms/namechange.shtml



            http://www.browdelaw.com

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