Changing my children's last name

i am from new york i was married before and had twins with this man we have both remarried i took my husband's last name and my ex-husband took his new wife's last name, now our children don't share a last name with either of us. he has not been in the twins lives for about 6 years, right now adoption is not within our budget but i would like for my children to share a last name with us is it possible to change their last name to mine or at least my maiden name? i could then hyphenate mine.

This is eerie. I am sorry. I can't really answer your question, but had to point out the similarities of our stories. I too am from NY and have twins with mu ex. I am remarried with my husband's name. The twins were born out of wedlock, so they had my maiden name anyway. There father has not seen them in 4 yrs (but they are only 5). Now, they want my husband's name, because we now have a daughter of our own. I am persuing sole custody of the children. There is what they call "Best Interest of the Child" hearings. Your husband has not seen them in six years, you might have a case. You would have to give up any claims for child support, but once he is stripped of his rights, you can change their names to whatever you want. It is only approximately a $2,000.00 retainer. Use your tax return or save up for it. It will be well worth it.

[stephenk]

A name change petition, I believe, is not that expensive. It is basically filing a request with the court as to why you want the names changed. You then have to give public notice, ie. serving the petition on the father and also to the public. Public notice is typically through a newspaper notice.

If father wants to contest the name change he will have to file paperwork with the court. Since dad hasnt been in contact with the kids for so long, odds are he wont do anything.

Check with a family law attorney for more detailed advice.