Name Change for Minor Child in NEW YORK

[ahamedali95]

Hello everyone,
I am a divorced mother and I currently reside in NY. I want to remove my child's (age: 13) last name. My ex-husband does not hold custody of my child, nor does he pay child support and he currently resides in India. According to the information that I received from one of the Civil Courts in NY, I need permission from my ex-husband to change my child's name. I found this idea ridiculous because first, we were divorced and there is no communication between us and second, I have no idea which place he resides in India so I cannot locate him. Seems like this process is complicated. What should I should in this case? Will a lawyer can able to help with this? Thanks!

 

[CTU]

Hello everyone,
I am a divorced mother and I currently reside in NY. I want to remove my child's (age: 13) last name. My ex-husband does not hold custody of my child, nor does he pay child support and he currently resides in India. According to the information that I received from one of the Civil Courts in NY, I need permission from my ex-husband to change my child's name. I found this idea ridiculous because first, we were divorced and there is no communication between us and second, I have no idea which place he resides in India so I cannot locate him. Seems like this process is complicated. What should I should in this case? Will a lawyer can able to help with this? Thanks!

An attorney would be best, yes, since it looks like you'll have to rely on alternate service (by publication, for example).

 

[FlyingRon]

You need to temper your attitude. Understand that this is not a YOU versus your EX situation. This is a "What is in the best interest of the child" as determined by the state judge. The fact you are divorced and not speaking to hte father is completely irrelevant. The lack of contact, custody, or child support are largely irrelevant as well.

What you need to do is make a bona fide effort to contact the father. All you need is a mailing address. The attorney (or perhaps some US-based Indians) may be able to do some digging to get that. Then all you have to do is show you mailed/fedexed the notice. If you can show that with reasonable effort you have tried but not been able to notify the foreign-resident father, the court can still go forward.

Note your child is pushing the age where they must also consent to the change.

Given the issues involved and your disposition as presented here, I'd recommend allowing a lawyer write the petition who knows how to phrase it to make it acceptable to the court.

I tell you if you present the issues as you've stated them here with a simple "I don't know where the father is these days," you can expect a perfunctory rejection.