Do I need to obtain a new order of protection? Also, is it possible to change my child’s last name to mine?

Q: My child’s father hasn’t been in mines or my child life for 9 yrs due to verbal and domestic abuse. I left him and didn’t know his whereabouts. When she was 5yrs old he saw us walking the dog one day since I moved to my mother neighborhood and started harassing me in the streets and scared my daughter & I when he called her name. She didn’t know who he was & he did this for 2 weeks. A judge granted me an order of protection and sole custody of my child. He disappeared again she is now 9yr old & he coming back around but isn’t saying a peep to neither of us. Just looks at us from a distance or be in the same store in our block. I don’t know if he moved into my neighborhood or is working near by. Would I have to go to court again for another order of protection and is it possible for me to remove his last name from her birth certificate so I can give her my last name.

A: If the prior order of protection expired, then you’d need to allege he committed a new crime against you to warrant issuance of a new order of protection. As for the name change, you’d need to either do a name change proceeding or an adoption case. Schedule a consult with a Bronx Child Custody attorney for a full assessment.