Changing your name in New York or Long Island isn’t always a complicated process. If you are a legal adult, then you have the right to change your name without a court order, provided that the legal name is not misleading. In other words if it will not perpetuate a fraudulent activity, or interfere with someone else’s rights it is usually approved. Adults in Long Island and New York also have the option to change their child’s name – however, in this case, the circumstances are slightly different. When an adult attempts to change a child’s name, then the courts need to consider a number of things, including whether or not the name change will be in the best interests of the child.
In any family law case that concerns a child in New York or Long Island, the courts will always use the best interests standards as the basis for their decisions. This basically means that the courts will attempt to make a decision that will not harm the child’s physical or mental status in any way. For instance, in a case I advised a client on, a mother requested for the Nassau County Supreme Court to change the surname of her child to include her name. In this case, the mother and father were not married but were once engaged. As such, she originally was not concerned about giving the child just the father’s last name as she intended to take on the same last name when they got married. However, the romantic relationship fell apart and the couple never got married. Therefore the child and the mother had different last names. The mother was the residential custodial parent. The mother felt that because the child was under her primary care, his name should reflect both the names of the father and the mother.
The father in the case above said that the petitioner only wanted to change the name to alienate the child from him. The respondent felt that the mother’s reason to seek a name change was based on a need for control. However, the court found that the proposed name change to a hyphenated surname was in the best interests of the child because it meant that the child could share the same last name as both his father and his custodial parent. The petitioner (mother) was therefore given permission to change her child’s name. Continue reading ›