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RECENT DEVELOPMENTS IN NAME CHANGE LAW




March 01, 2004

Notice Of Children's Name Change Waived


Publisher: Empire State Legal Forms, Inc.
Editor Marc A. Rapaport, Esq., 350 Fifth Ave, Suite 4400, New York, NY 10118


Volume 2, March 1, 2004


a.   Notice of Children's Name Change Waived Where Parent Abandoned Rights and Poses a Threat to safety: 

Matter of Jane Doe: This decision by Judge Billings of the Civil Court of the City of New York (New York County) was entered in response to the request by the guardian-mother that the court permit her to change her name, and that of her children, for the purpose of concealing their identities from the perpetrator of domestic violence. The perpetrator is the father of the petitioner's daughter.

Based on the petitioner's submissions regarding the ongoing threat posed by the perpetrator, which demonstrated a history of domestic violence, the Court exempted the petitioner and her children from the publication requirements of Civil Rights Law 64-a. 

The Court further exempted the petitioner from providing notice to her daughter's father, noting that his relationship with his daughter had eroded, and that "no perceivable information from him would assist in determining whether the name change will promote the child's interests". Based on the "unacceptable risk of danger" that would be caused by noticing the father of the petition, the court exempted the petitioner from the notice requirement.



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