Child Last Name Change

[AlanSmith]

What is the name of your state (only U.S. law)? NY


Hello,

I recently received a final order for custody and visitation in NY. I have joint legal custody with final decision going to the mother. Primary residence of child is with the mother. My question is how do I go about changing my sons last name to a hyphenated name of his mothers and mine? Currently he carries his mothers last name. Can my sons last name be automatically changed being I'm in his life, providing support, and have joint legal custody or will I need the mothers consent? Thank you...

 

[TheGeekess]

What is the name of your state (only U.S. law)? NY


Hello,

I recently received a final order for custody and visitation in NY. I have joint legal custody with final decision going to the mother. Primary residence of child is with the mother. My question is how do I go about changing my sons last name to a hyphenated name of his mothers and mine? Currently he carries his mothers last name. Can my sons last name be automatically changed being I'm in his life, providing support, and have joint legal custody or will I need the mothers consent? Thank you...

You and Mom will have to agree to any name change or get a judge to make the decision for you.

 

[stealth2]

It probably would hsve been good to address this at your custody hearing. But yes, Mom will have to agree...

 

[LdiJ]

What is the name of your state (only U.S. law)? NY


Hello,

I recently received a final order for custody and visitation in NY. I have joint legal custody with final decision going to the mother. Primary residence of child is with the mother. My question is how do I go about changing my sons last name to a hyphenated name of his mothers and mine? Currently he carries his mothers last name. Can my sons last name be automatically changed being I'm in his life, providing support, and have joint legal custody or will I need the mothers consent? Thank you...

This is something that you really should have addressed during your custody and visitation case. You have to petition the court for a name change for your child. Yes, it also needs mom's consent, (or a judge overruling mom if she won't consent) but a court order is also required.

Whether or not a judge will order the child's last name changed depends a great deal on the age of the child.