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Change my daughters last name?

Hi, I have a restraining order against my daughter's father, and I would really like to change her last name to ONLY my last name. I know in NY if the father's name is on the birth certificate then he would have to be contacted also and agree with the name change but I wanted to know if since I have a restraining order on him could I do it without his permission? Please get back to me asap

6 Answers

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  • 1 decade ago
    Favorite Answer

    Just check the NY name change and service of process code section(s). If there's an exception for temporary restraining orders, then notification isn't necessary. This is simple to figure out. You can go to the source yourself, instead of asking for legally useless online opinions.

  • Anonymous
    1 decade ago

    I had the same exact issue with my son in California I had to take out an add in the paper for 6 weeks stating that I filled a petition and the date and time of the court date then if someone (his dad) wanted to contest it he could show up well they never said what paper so my son has had my last name and even a different middle name for a little over ten years.

  • 1 decade ago

    no, a restraining order isn't sufficient

    the only way to do it without his consent is to have the court enter a finding of abandonment - that means he hasn't paid child support in years AND he has made no attempt to see her in years AND he hasn't even telephoned or sent a card in years.

    It's very difficult

  • Jay
    Lv 7
    1 decade ago

    Restraining order alone, no.

    If he's lost all parental rights, yes.

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  • Anonymous
    1 decade ago

    I'M NOT CHO DADDY I'M YO GRANDPA

  • ?
    Lv 5
    1 decade ago

    ask your lawyer first...

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