Name change redux

[ErinGoBragh]

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

I was reading another thread and have a quick question. If my sister were to petition to have my nephew's name changed to her last name, and dad didn't show- is there a better chance of a judge approving it? She recently was able to draw the conclusion that dad will not go near a courtroom unless the police are bringing him (probably due to outstanding warrants)... and given the fact that the father and his GF have threatened my nephew's life (documented in police reports), she really would like to have this done.

Thank you.

 

[LdiJ]

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

I was reading another thread and have a quick question. If my sister were to petition to have my nephew's name changed to her last name, and dad didn't show- is there a better chance of a judge approving it? She recently was able to draw the conclusion that dad will not go near a courtroom unless the police are bringing him (probably due to outstanding warrants)... and given the fact that the father and his GF have threatened my nephew's life (documented in police reports), she really would like to have this done.

Thank you.

If she can prove proper service, and dad is a no show and also doesn't respond, then yes, there is a chance she would win by default. Its also possible that the judge would continue the case to give dad one more chance to show, and if he doesn't show the second time, she may win by default.