Changing A Minor's Last Name ! Pls Help!

[Rosemary1]

My husband's ex claims to have 2 kids fathered by my husband. When the kids were born , she told him that the kids were not his. The kids will be 9 and now she wants to give the kids my husband's last name. Can she do that without his consent? Would she need a paternity test to prove that he is the father? and if so, can he make a motion ordering her to do so? I live in NY and any help will be greatly appreciated !!!

 

[ArizAl]

I'd check with a local NY lawyer on that -- in most states a kid born within the marriage is deemed the child of the husband. I am not sure inf NY has adopted the DNA exclusion rule yet, and if so what that means. The issue usually is support, not the naming.