After a divorce, the custodial parent may wish to change the last name of the child or children of the former marriage. This is more commonly seen with mothers who resume the use of their maiden name or have a new last name after entering into a subsequent marriage. In these instances, I have had clients who have expressed a desire to change their child’s last name. In New York, changing your last name or your child’s last name is a legal process.
The first step any parent looking to change their child’s last name must take is to check your settlement agreement and see whether there is a provision that the child’s last name will not be changed until they are emancipated. This is a common provision that is in most agreements.
In New York, you will need to file a petition for a change of name with the Court in the county you reside. For instance, if you live in Nassau County, you cannot arbitrarily decide that you wish to file in Suffolk County. If the other parent is in agreement with the name change, they can execute a consent form which will be filed with your petition. If the other parent’s parental rights have been terminated, you do not need their consent. The other parent must be notified of the petition for a name change. There will be a court hearing on the matter, wherein the Court will decide whether or not to grant your petition and name change.
If your child is 14 years or older, but less than 18 years old, the Courts will require the child to give their permission for the name change. The child must execute what is called the Minor Consent form in front of a notary public. This must be filed with the petition.
The Courts will consider the reason for the name change and decide whether the name change is in the child’s best interest. The Court will consider a myriad of factors including:
1. The child’s desire as it pertains to a name change (the Court will also consider the child’s age and experience);
2. How a name change will effect the child’s relationship with both parents;
3. The Courts will consider how long the child has been known under their current surname;
4. TheCourt will also consider whetherthere are any issues, embarrassment, or harassment that the child may experience from their current surname or the new last name; and
5. The Court will consider the motivation or the interests of both parents.
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