Saturday, October 5, 2013

What form/affidavit should be signed if a stepfather wants his stepchild to use his last name?

Q:  I am petitioning a name change for my minor so he can use my husband's (stepfather) last name before we register him to kindergarten. I called the county clerk's office and they gave me the procedures. They had mentioned that I need to have my husband sign and affidavit saying that he is aware of the name change and he is acknowledging it and that he is taking full responsibility. What is the appropriate form that should be used? Thanks in advance.

A:  David's Answer:  You need to commence a name change proceeding. The link to the instructions/forms is as follows: You should note that the biological father will need to be served with a court summons. Nevertheless, I advise you to consult further with a Westchester Co. Family law attorney.  --  David Bliven, Westchester Family Law attorney (

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