How Effective is an Objection to a Minor's Name Change?
Full Question:
Answer:
A petition to change the name of a minor may be made by the minor through his/her next friend, or by either of his/her parents, or by his/her general guardian, or by the guardian of his/her person. A child name change can be done in Family Court. The petition is filed in the County Court or the Supreme Court of the county where you reside.
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 they are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, they must provide evidence that shows the judge that the requested name change is in the child’s best interests.
If the other parent resides in another state, then the notice must be sent by registered mail to his last known address. If the court is satisfied that, despite diligent efforts, the parent cannot be located, then the court may dispense with notice or require notice to be given to him in such manner as the court thinks proper, such as notice by publication in a newspaper.
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. Ir will be a matter of subjective determination for the court, based on all the facts and circumstances in each case.
