What form/affidavit should be signed if a stepfather wants his stepchild to use his last name?

Asked over 1 year ago - Peekskill, NY

I am petitioning a name change for my minor so he can use my husband's (stepfather) last name before we register him to kindergarten. I called the county clerk's office and they gave me the procedures. They had mentioned that I need to have my husband sign and affidavit saying that he is aware of the name change and he is acknowledging it and that he is taking full responsibility. What is the appropriate form that should be used? Thanks in advance.

Attorney answers (3)

  1. David Ivan Bliven

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You need to commence a name change proceeding. The link to the instructions/forms is as follows: http://www.courts.state.ny.us/forms/namechange..... You should note that the biological father will need to be served with a court summons. Nevertheless, I advise you to consult further with a Westchester Co. Family law attorney.

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  2. Susan Kathleen Duke

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . In addition to the other information given you usually will need the consent of the father.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . is it an adoption or just a name change?

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    Jack Richard Lebowitz
    Jack Richard Lebowitz, Family Law Attorney - Glens Falls, NY
    Posted over 1 year ago.

    Excellent question. If the asker is receiving support from the biological father, and expects this to continue, there might be some resistance to a name change without an adoption, which might still require the biological father's consent. Depends on what your current custody order says as well, if he has some kind of "joint legal custody" as is commonplace today even if asker has physical custody.

    No photo
    Asker
    Posted over 1 year ago.

    A name change. I am not receiving anything from the biological father as his whereabouts are unknown and not even listed in the birth certificate. He is in a different country and never tried to communicated with me or my son.

    Jayson Lutzky
    Jayson Lutzky, Family Law Attorney - Bronx, NY
    Posted over 1 year ago.

    You will need the biological father's written consent.

    Jack Richard Lebowitz
    Jack Richard Lebowitz, Family Law Attorney - Glens Falls, NY
    Posted over 1 year ago.

    Asker: you will probably have to do an adoption through Family Court and a related custody petition and possibly termination of the biological father's parental rights if he can't be found to consent. This is not a simple "name change" form to fill out: it is an "adoption". You should consult with an attorney who practices family law in Westchester County. You can use the "find a lawyer" tab on this site to find attorneys who practice there, or google, or the lawyer referral service of the county or New York State Bar Association.

    No photo
    Asker
    Posted over 1 year ago.

    Jayson,

    As I have mentioned, the father is nowhere to be found and not listed in the birth certificate. I am not receivimg from the biological father either and he lives in the Philippines. I already asked the county clerk's office and they said it's okay not to have it due to my situation. They told me to just explain thoroughly in the petition the situation. On the other hand, I was asked to bring a signed affidavit from the stepfather regarding the assumption of his last name.

    Jayson Lutzky
    Jayson Lutzky, Family Law Attorney - Bronx, NY
    Posted over 1 year ago.

    Do what the clerk wants, but be very specific and factually accurate about the biological father's details. good luck.

    Jack Richard Lebowitz
    Jack Richard Lebowitz, Family Law Attorney - Glens Falls, NY
    Posted over 1 year ago.

    Never argue with the Clerk, I guess

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