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I have a son from my first marriage who has his father's last name. I had remarried since and had two more children. All of us have a diffrenet last name except for my oldest son from the first marriage. His biological father sends child support but did not visit my son in almost 10 years. My son would love to take his stepfather's last name so it would be the same as the rest of the family. My question are: What is the procedure in order to change my son's last name (he is 13 years old) and do I need the consent from his biological father?
State/Country relating to Question: New York Already Tried: Nothing so far
Hello, What you will need to do is file the Minor Name Change Petition on his behalf. This is the link to the filing, and costs $65.00 in New York. http://www.nycourts.gov/courts/nyc/civil/int_minornamechange.shtml You typically do need the consent of the other parent if he is not the custodial parent. Good luck! Sincerely, Dimitry Alexander Kaplun, Esq.
Thank you, Dimitry,
I have the custody, but what if my ex- husband will not consent? And in the case if he does - does he still have to pay child support?
You are most welcome. Unless your new husband formally adopts your son, which is not the case here, child support ends. Since your son is not being adopted but merely his name is XXXXX XXXXX the father remains obligated for child support. I hope that assists you. Sincerely, Dimitry Alexander Kaplun, Esq.
What happenes in the case if my ex-husband does not agree to the name change - Does the court takes the interest of a child? Do I have to get a permission from my ex?
Thank you in advance.
Does the biological father have custody?
No, I do. My ex had no contact with my son in almost 10 years although he has the visitation rights and pays child support.
Because he has no custodial rights, your ex-husband cannot contest your decision to change your son's name. He does not have to be notified and he does not have to consent. I hope that answers your question. Sincerely, Dimitry Alexander Kaplun, Esq.
Wow, all these years I could have done it without his consent! I was under an assumption that I needed his consent. I thank you very much for helping me in this matter. One more question before I accept your answer. I just want to make sure that I'm understanding you correctly:
So I could just proceed with the link you provided before, follow the instructions, pay $ 65, and do it all by myself?
That is absolutely correct. For your future information, this is why you can do it yourself: 1. As a custodial parent, you have the right to make decisions that pertain to your son. The other parent does not. 2. The other parent's right to the child are not being cut off--the name is XXXXX XXXXX but legally and biologically the son remains his, regardless of name. Sincerely, Dimitry Alexander Kaplun, Esq.
Thank you very much, Dimitry!
I will follow the instructions you had provided. Hopefully I will not hit any roadblocks.
Thanks again for your assistance in this matter.
You are most welcome. Good luck to you! Kindly press "accept" and compensate me for my assistance. Thank you! Sincerely, Dimitry Alexander Kaplun, Esq.
Attorney
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