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Can my child’s father change her last name without my consent?

Q: The father is not involved in her life and does not pay child support currently. We have an upcoming paternity/support case( we were never married and he didn’t sign the birth certificate) and all of a sudden he wants to change her last name to his. Can he change her last name to his if I say no in court?

A: David’s Answer: He cannot change the child’s name within a paternity case, though consents to same may be recorded. Ultimately if there is a dispute on the name it would need to be rectified in a “name change” proceeding brought in civil court. Schedule a consult with a Bronx Family Law attorney for more info.

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