Changing Minor Child's Last Name in Georgia
My question involves name change laws in the State of Georgia: how do I start the process to change my daughters last name to her father's last name? He was not at the hospital when she was born and I was legally married to another man (seperated for 6 yrs) at the time of her birth. I'm divorced and have established paternity now we want her name changed. Any advise if appreciated!
Re: Changing Minor Child's Last Name in Georgia
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Quoting Name Change - What If the Person Is Under 18 Years Old (a Minor)?
If the person who wants to have their name changed is a minor (under 18 years old), you must follow the regular procedure, plus you must get the written consent of the minor's parents. If both parents of the minor are dead, the minor's guardian must provide written consent. The written consent must be attached to the petition.
Written consent of a parent is not required from a parent that has not contributed to the support of the minor for the five continuous years before the petition for name change is filed.
The petition must also be "served" on the parents or guardian. This means that the petition is given in person to the parents or guardian by the sheriff or another local "process server". This is called "service of process." You have to pay a fee to have the petition served on the parents or guardian.
If the parents or guardian live outside of Georgia then a copy of the petition should be sent by certified mail or statutory overnight delivery. If the address of the parents or guardian is not known, then they can be "served" by notice publication in the newspaper.
If the petition is served on the parents or guardians living in Georgia, then the court will hear the petition and give a final judgment thirty (30) days from the date of service.
If service is by certified mail or overnight delivery to the parents or guardians living outside of Georgia, then the court will have a hearing on the petition for name change and give a final judgment sixty (60) days from the date the parents or guardian receive the petition.