Do I have the rights in Nassau County, New York to have her name changed to my last name?
Full Question:
Answer:
The petition to change the name of an infant may be made by the infant through his next friend, or by either of his parents, or by his general guardian, or by the guardian of his person. The other parent must be given notice and has an opportunity to object to the name change at the hearing. It will be a subjective matter for the court to decide whether there is a reasonable objection to the name change. The court must believe you are not asking to change your name or your minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
Please see the information at the following links:
http://definitions.uslegal.com/n/name-change/
http://lawdigest.uslegal.com/name-change/general/4130/
http://lawdigest.uslegal.com/paternity/general/6692/
Please see the form at the following links:
http://www.uslegalforms.com/ny/NY-NAME-2.htm
