Sounds very silly, but mother mispelled first name of child while filling out birth certificate. She thought it was cute or didn't know how to spell....? Since that time I have gained both physical and legal custody of my child. She agreed and signed a simple name change form a month or two before I recieved sole custody, but only for the last name from hers to mine. The spelling of the first name is incorrect, not common, and actually appears illiterate. Can I alter the spelling without her consent. She has not made any court appearances in some time.
To change the legal name of your child, you need to file a petition in NY Supreme Court, Erie County, pay the court fees, and arrange for legal service of the petition on the mother. The Supreme Court's Clerk of Court should be able to give you everything you need. All told, between the court fees and service, it should cost less than $500. You can keep it simple by stating that the reason for the name change is a typo or misspelled first name in the birth certificate. Unless the mother suddenly appears and has a good reason why the spelling should stay the same, I see no reason why the petition would not be granted.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline