Minor name change petitions in the state of New York, outside of New York City, are remarkably different than changing an adult name. I have previously written an extensive post about changing an adult name, but I wanted to get a little information out there on minor or infant name changes.
First, be prepared that both parents must give consent to the application. This is not as easy as it seems. In a world where over fifty percent of parents are divorced, sometimes a seemingly straightforward issue like changing your child’s name becomes full of angst. There’s no easy pill to resolve this usually except for communication and compassion, so a good relationship with your child’s mother or father is almost always a good idea.
A remedy for lack of consent and a dismissal of the publication aspect does exist, but a judge will usually not issue it without good cause. Usually it is reserved for someone who is currently in real harm and a consent or publication would put them in further harm. So although this option exists, it will probably not apply to you. I know of one case where a parent’s consent would not be given by an imprisoned father and the court denied the application for the name change on the argument that the father wanted to be good dad upon getting out of jail and that a name change would inhibit that ability.
As always, feel free to contact me with any further questions.
