ExpertLaw.com Forums

Changing a Child's Surname to the Stepparent's Name

Printable View

  • 02-04-2013, 07:34 AM
    Emilee
    Changing a Child's Surname to the Stepparent's Name
    My question involves name change laws in the State of: Georgia

    My daughter is nine years old. She has been raised by myself and her step father. We are wanting to change her name to match mine. We have another child and would like for us all to have the same name.

    Her birth father is not on the birth certificate. He has seen her one time in the 9 years of life and has not provided anything to her. We recently found his address because he was arrested a month ago and it was listed online, do we need to send notification to him? He has never acknowledged her and like I said he is not on her birth certificate. I'm unsure of how to proceed. I can imagine he will pitch a fit just to pitch one. It's obvious he does not want her because he hasn't seen her 9 years and we have been readily available. She has my maiden name for a last name.
  • 02-04-2013, 07:44 AM
    Dogmatique
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    She has your maiden name and not Dad's?

    Your chances are better than most at getting the court to approve a name change.

    Send him notification per your state requirements (you'll be able to find them online - and that's IF he needs to be notified at all. I'm assuming that he never legitimated her, either?)
  • 02-04-2013, 09:09 AM
    llworking
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    Quote:

    Quoting Dogmatique
    View Post
    She has your maiden name and not Dad's?

    Your chances are better than most at getting the court to approve a name change.

    Send him notification per your state requirements (you'll be able to find them online - and that's IF he needs to be notified at all. I'm assuming that he never legitimated her, either?)

    He may not need to be notified at all. She should get a quick consult with a local attorney.
  • 02-04-2013, 09:15 AM
    Dogmatique
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    Um...that's why I said "IF he needs to be notified at all".

    :D
  • 02-04-2013, 10:10 AM
    Mr. Knowitall
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    The relevant statutory language,
    Quote:

    Quoting OCGA Sec. 19-12-1(c)
    (c) If the petition seeks to change the name of a minor child, the written consent of his parent or parents if they are living and have not abandoned the child, or the written consent of the child's guardian if both parents are dead or have abandoned the child, shall be filed with the petition, except that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of the petition.

    At some point, you may want to consider stepparent adoption.
  • 02-07-2013, 10:56 AM
    Emilee
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    He has not legitimized her. We would like to do a step parent adoption but we are afraid that would be when he would want to reappear just because my husband wants to make it legal. A situation of I don't want her but you can't have her. We don't want to get her involved in all of that.
  • 02-07-2013, 11:05 AM
    LawResearcherMissy
    Re: Child Name Change in Georgia-Father Not Listed on Birth Certificate
    Quote:

    We would like to do a step parent adoption but we are afraid that would be when he would want to reappear just because my husband wants to make it legal.
    He could want to reappear at any time anyway.

    As it stands, he hasn't legitimized her, doesn't pay support, and has had no contact - all pointing to abandonment, which would make a step-parent adoption pretty much a slam dunk.

    Quote:

    We don't want to get her involved in all of that.
    Let's look at it another way. You do only the name change, no step-parent adoption.

    Two days later, you are killed in a car crash. Your husband is legally NOT the child's father. He has zero rights to her. Bio Dad can show up, petition to establish paternity (he'll get it), then take the child and your husband will never see her again.

    Still want to maintain the status quo?
All times are GMT -7. The time now is 01:35 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved