If you want to change your stepchild's name, you have to get the permission of the biological parent.You can file a petition with the court.If the parent objects, you need to attend a hearing where you will explain why the child's name should be changed.The judge will decide whether the name change is in the child's best interests.
Step 1: Ask the other parent.
You need to get the other parent's consent.If you have married the child's mother, you should ask the father if he will agree to a name change.You could say, "You haven't been around much the past few years, and I know you want to have the same last name as your brothers and sisters."If he agrees, you can usually get a form for him to sign.You should be able to get it at the courthouse where you live.You will need to find the other parent if you don't know where they are.You can ask your friends if they know where the parent is if you do an Internet search.You should tell the judge the steps you took to find the parent.
Step 2: Pick up a petition for change.
Even if the other parent doesn't agree, you can still petition the court to change your stepchild's name.You can get a printed fill in the blank petition from the court clerk.Ask if you can stop in.The paperwork may need to be completed by your spouse.He or she should be involved in the process.You may need to fill out other forms.In New York, you have to prepare an order for the judge to sign.You need to get everything from the clerk.
Step 3: The child should be asked to consent.
In New York, a child must consent in certain situations.A child who is at least 14 must sign a consent form if they want to change their name.You should check with the court clerk.Discuss the issue with the child.The child may have an idea for a name change.You should give reasons to the child why you want the name changed if it isn't.I've loved being your father for the past five years and would like to have the same name as you.No matter what you decide, you're part of my family.The child's biological parent should be involved in the conversation.
Step 4: The forms must be submitted to the court.
If possible, use a typewriter to complete the forms.If you must print, use black ink to make sure the judge can read your information.All questions should be answered on the forms.When you are done, you should submit the completed forms to the court clerk.It is possible that you will have to pay a filing fee.The amount depends on the court.Attach any necessary files.If the father's parental rights were terminated, you should attach a copy of the order.A copy of the child's birth certificate is required.
Step 5: Provide a copy of paperwork to the other parent.
The other parent can object to the name change request.The courts expect you to send a copy of your petition to the other parent.The method your court allows for making service should be followed.You can request a return receipt in some courts.You will need to deliver the forms to the other parent in other courts.Delivery can be made for a small fee if you pay the sheriff or constable.If you don't have a case, you can hire a private process server or ask someone 18 or older to make the delivery.Some states allow you to make service by publication if you don't know where the parent is.You publish notice in a newspaper when you know the parent is living.
Step 6: A hearing date is needed.
There are several ways in which the court can schedule a hearing.When you file a petition, you need a hearing date.In some courts, the clerk waits until everyone submits paperwork before scheduling a hearing.You don't need a hearing if the other parent agrees to the name change.
Step 7: Receive the parent's reply.
If the other parent objects, they can file an objection with the court.You will receive a copy in the mail or by hand.Look to see what the parent is arguing in the response.If you show up the day of the hearing to object, the parent won't have to file a written objection.
Step 8: The notice should be published.
You may be required to publish a notice of the name change in a newspaper in some states.The court can give the information to the newspaper.You have to make arrangements in other areas.Depending on where you live, you have to pay a fee.To fill out an affidavit, you need someone at the newspaper.You can get an affidavit from the court clerk.The affidavit should be kept and filed with the court.
Step 9: Prepare your argument.
You need to argue that a name change is in the child's best interests.A judge will look at a number of factors, including how long your stepchild has had their current name.The longer they have had it, the harder it is to change it.Changing the name will affect the relationship between the child and their parents.If your stepchild doesn't have a relationship with the parent who objects to the name change, then you should point that out.The child has suffered embarrassment or harassment based on their name.You could argue that the child feels different from their siblings because they have different last names.You want to change the name.It's possible that you want to relieve your stepchild of stress.The child wants something.The child's desire to change the name will be a powerful argument in your favor if they are old enough.
Step 10: Arrive to the court on time.
Give yourself plenty of time to get to the courthouse so you don't miss the hearing.You might need to go through security to find parking.Don't bring food to the courthouse.Before entering the courtroom, turn off your cell phone.
Step 11: Bring your case to the fore.
Wait for your case to be called by the court clerk and then move to the front of the courtroom.You will get to present your argument first if you request a name change.The best way to make a strong argument is to use the factors a judge considers.You won't have a lot of time to argue.Speak clearly in a loud voice.People talk softly when they are nervous.Don't interrupt the judge.If the judge asks a question, stop talking and listen.If you don't understand it, ask for clarification.Directly answer the judge's question.Don't hem and haw.
Step 12: The other parent should be listening.
The other parent makes an argument after you finish.Stand quietly and listen.You should write a note if the parent says something.Don't interrupt the parent or raise your hand.Ask the judge, "Your Honor, may I speak?" after the other parent finishes.
Step 13: The judge ordered you to get it.
The judge will make a decision at the end of the hearing.The judge will sign the order if that is the case.A certified copy can be obtained from the court clerk.You will have to pay a fee to get a certified order.The amount will be determined by court.