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Name Change For a Minor In Georgia

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  • 08-17-2006, 11:16 PM
    xxbigmodelxx
    Name Change For a Minor In Georgia
    Such a wonderful site to explore, you all are awesome!
    So here is the situation, and sorry if I bog it down with details.
    I have an 8yr old daughter who carries her biological fathers last name.
    I cannot afford step parent adoption, since it is around $5K here. So, I was thinking, is it feasible to terminate my ex's (never married) parental rights, and just change her last name to my married name?

    A little background on the ex...He is currently incarcerated in FL. At the end of our 6yr relationship, I found out this man is a registered sexual predator in the state of FL (attempted sexual battery minor, victim under 12). My daughter was 2 at the time I left. We have not seen him since and he has spent the majority of the past 6 years in prisons or jail.
    I figure with his past history and current incarceration, plus zero envolvement with my daughter, it shouldn't be hard to terminate his rights, but do I need to file the termination thing in FL where he is and her place of birth, or in GA our place of residence?

    Also hypotheticaly, assuming my ex's rights have been terminated, in the event of my death, would my daughter likely remain with my husband, or would she be sent to a blood relative (grandparents)?

    I know stepparent adoption would be the ideal answer, if only we could afford it.

    Thanks in advance and sorry for all the questions that probably should have been posted in other areas.
  • 08-22-2006, 12:10 AM
    Mr. Knowitall
    Re: Name Change For a Minor In Georgia
    It's probably going to be more difficult to convince a court to terminate the natural father's parental rights, than to proceed with step-parent adoption. You can petition for a name change, although you would either need the natural father to consent, or convince the court with jurisdiction over the custody issues that the name change is in the child's best interest.

    If your husband adopts the child, in the event of your death he should keep custody. If not, there could be a custody battle, which you may be able to mitigate through a proper estate plan.
  • 08-24-2006, 10:35 AM
    xxbigmodelxx
    Re: Name Change For a Minor In Georgia
    Another question...

    I just found out recently that my ex is an illegal immigrant. He is currently in the Clay county jail wating to be sent to Miami for trial. The immigration people are saying that he is facing deportation back to Panama, due to the sex crime conviction. Although since he is possibly a resident immigrant, he has more rights than other immigrants, so he may bond out and disappear...

    But, in the event he does get deported (should know in 2 wks), then will it be easier of harder for me to terminate his parental rights?
    Also should that petition be filed here in GA my state of residence, or in FL my childs birthplace?

    Thanks again!
  • 08-24-2006, 02:30 PM
    Mr. Knowitall
    Re: Name Change For a Minor In Georgia
    Deportation will likely make it easier, as it makes a person's role as a parent much more difficult to exercise.
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