Can you change a minor’s name in a different state than the one in which they were born?

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Can you change a minor’s name in a different state than the one in which they were born?

Asked on July 31, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, any and all actions regarding minor children must be made in the state and county in which the child resides at the time that the action is brought.  This holds true for modifications of custody or child support, etc., regardless of where the original order was issued.  It has to do with the court being able to make a decision over the child and they can only do that if the child is within their jurisdiction.  So yes, the proceeding can be done in New York.  But also generally speaking both parents must consent. You have not raised that issue here but it is definitely a concern. Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, any and all actions regarding minor children must be made in the state and county in which the child resides at the time that the action is brought.  This holds true for modifications of custody or child support, etc., regardless of where the original order was issued.  It has to do with the court being able to make a decision over the child and they can only do that if the child is within their jurisdiction.  So yes, the proceeding can be done in New York.  But also generally speaking both parents must consent. You have not raised that issue here but it is definitely a concern. Good luck.


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