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