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Name Change for Minor Children

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  • 08-22-2008, 03:34 PM
    Ralrel2
    Name Change for Minor Children
    My question involves name change laws in the State of: Georgia


    The boys were born in Florida. Their biological father signed both birthcertificates. I am their mother. I split from their biological father after he took our oldest son and slammed him into a dresser. After a month I moved from Florida to Georgia with the 2 boys to start a new life for them. (they were 23 months old and 6 months old)

    We've had no contact with the biological father for 5 yrs. There's never been child support or visitations. He simply isn't in the picture. I know he spent a year in prison, and I know he's back in the same county where he was before prison, but where exactly, I don't know.

    Both boys, my husband and I would like them to have our last name. Since the biological father and I were never married and he hasn't been a father, we don't see the point in them having his last name. My husband is their Daddy and supports them 100%.

    How do we go about changing their name, and would there be any problems doing this since the biological father hasn't been around for the past 5 years?

    Any help would be appreciated!
  • 08-22-2008, 03:46 PM
    Xena
    Re: Name Change for Minor Children
    Quote:

    Quoting Ralrel2
    View Post
    My question involves name change laws in the State of: Georgia


    The boys were born in Florida. Their biological father signed both birthcertificates. I am their mother. I split from their biological father after he took our oldest son and slammed him into a dresser. After a month I moved from Florida to Georgia with the 2 boys to start a new life for them. (they were 23 months old and 6 months old)

    We've had no contact with the biological father for 5 yrs. There's never been child support or visitations. He simply isn't in the picture. I know he spent a year in prison, and I know he's back in the same county where he was before prison, but where exactly, I don't know.

    Both boys, my husband and I would like them to have our last name. Since the biological father and I were never married and he hasn't been a father, we don't see the point in them having his last name. My husband is their Daddy and supports them 100%.

    How do we go about changing their name, and would there be any problems doing this since the biological father hasn't been around for the past 5 years?

    Any help would be appreciated!

    You'll need to track down the father to get his permission.
  • 08-23-2008, 04:04 PM
    Ralrel2
    Re: Name Change for Minor Children
    Ok, well... I looked online and called a few people in town, and they said since he has not done anything for them in 5 years, it's considered abandonment so I don't need to track him down. And since I had no way to track him down, they would have only made us put a notice in the paper.

    Thanks anyway!
  • 08-26-2008, 08:30 PM
    Xena
    Re: Name Change for Minor Children
    Quote:

    Quoting Ralrel2
    View Post
    Ok, well... I looked online and called a few people in town, and they said since he has not done anything for them in 5 years, it's considered abandonment so I don't need to track him down. And since I had no way to track him down, they would have only made us put a notice in the paper.

    Thanks anyway!

    Are any of the people you spoke to an attorney?

    If not, you NEED to get a consult with an attorney ASAP. There are alot of requirements you'll have to fulfill before a Judge will order a name change without legal notice to the other parent. If you try to bypass those requirements you could end up with alot of problems later on.
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