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  1. #1
    Join Date
    Feb 2011
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    4

    Default Baby Has Ex-Husband's (Not the Father's) Last Name. Trying to Change to Mom's Maiden

    My question involves name change laws in the State of: Georgia

    I have been divorced 6 years but still have used my old married name because I have three children by my ex and they were smaller then, and I didn't want them to feel disconnected from me by my last name changing at the time of the divorce and being different from theirs. I did, however, legally change it back to my maiden name during the divorce. They are all teenagers now, so it really isn't an issue anymore.

    I have had a baby and the father is not currently involved, nor is he on the birth certificate. We were never married nor in a real relationship...it was a one-time thing. I had planned to use my maiden name as the baby's last name since that is my legal last name and I have been slowly transitioning everything over to that. Problem is, my insurance info was listed as my old married name when I filled out hospital paperwork. The hospital says they must use the mothers name as listed on the hospital records and when there is no father listed, they must use that last name for the baby. The problem is, that last name is wrong for BOTH of us. They would not submit the birth certificate with my legal last name (my maiden name, as specified on my divorce decree) or recognize that as my son's. So now, the birth certificate reflects both his and my last name as my old married name (so he has the last name of a man he is completely unrelated to!) I sent Georgia Vital Records a copy of my divorce decree showing my legal name chage to my maiden name and a request that they change my last name and my son's to reflect that name. They refused and told me I must have a court order for BOTH of us!

    I want to go ahead and change his name and my name to my maiden name on the birth certificate. All the standard court paperwork I can find shows that I need the father's permission. He isn't even named, and his last name isn't the name my baby has now.

    I'd rather not run into any snags in handling this. I even turned it all over to a lawyer and here I am one month later and they have done nothing. His secretary said that he was "researching whether or not we even needed to include the father at all on my paperwork". They seem to be taking a very long time and I need to get this straightened out so I can get his Social Security number and other legal stuff done without having to go back and change it all later. I'd rather do it right the first time.

    Do you have advice? Thanks.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Baby Has Ex-Husband's (Not the Father's) Last Name. Trying to Change to Mom's Mai

    Georgia law provides,
    Quote Quoting OCGA § 19-12-1. Petition for name change; notice of filing; consent of minor's parents or guardian; service on parents or guardian; time of hearing; judgment; clerk's fees
    (a) Any person desirous of changing his name or the name or names of his minor child or children may present a petition to the superior court of the county of his residence, setting forth fully and particularly the reasons why the change is asked, which petition shall be verified by the petitioner.

    (b) Within seven days of the filing of the petition, the petitioner shall cause a notice of the filing, signed by him, to be published in the official legal organ of the county once a week for four weeks. The notice shall contain therein the name of the petitioner, the name of the person whose name is to be changed if different from that of the petitioner, the new name desired, the court in which the petition is pending, the date on which the petition was filed, and the right of any interested or affected party to appear and file objections.

    (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.

    (d) In all cases, before a minor child's name may be changed, the parent or parents of the child shall be served with a copy of the petition. If the parent or parents reside within this state, service of the petition shall be made in person, except that if the location or address of the parent is unknown, service of the petition on the parent shall be made by publication as provided in this Code section. If the parent or parents reside outside this state, service of the petition on the parent or parents residing outside this state shall be made by certified mail or statutory overnight delivery if the address is known or by publication as provided in this Code section if the address is not known.

    (e) Where a child resides with persons other than his parent or parents, a copy of the petition shall be served upon the person acting as guardian of the child in the same manner as service would be made on a parent.

    (f) Upon the expiration of:
    (1) Thirty days from the filing of the petition if the person whose name to be changed is an adult;

    (2) Thirty days from the date of service upon the parent, parents, or guardian of a minor whose name is to be changed if the parent, parents, or guardian reside within this state; or

    (3) Sixty days from the date of service upon the parent, parents, or guardian of a minor whose name is to be changed if either the parent, parents, or guardian reside outside the state and the petition is served by mail,
    and after proof to the court of publication of the notice as required in this Code section is made, if no objection is filed, the court shall proceed at chambers at such date as the court shall fix to hear and determine all matters raised by the petition and to render final judgment or decree thereon. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77, relating to fees of clerks of the superior courts for civil cases.

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