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Name change?

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MARL745

Member
What is the name of your state (only U.S. law)? GA

I would like to change my childs last name to my own. He has his mothers last name right now but the paternity testing results came back. I will be going to sign his birth certificate tomorrow. I know I need to go to the office of vital records in the county he was born. What all do I need to do to change his last name? And if his mother objects(which I have a feeling she will), what do I do then?
 


2Mistakes

Senior Member
What is the name of your state (only U.S. law)? GA

I would like to change my childs last name to my own. He has his mothers last name right now but the paternity testing results came back. I will be going to sign his birth certificate tomorrow. I know I need to go to the office of vital records in the county he was born. What all do I need to do to change his last name? And if his mother objects(which I have a feeling she will), what do I do then?
I'm pretty sure that vital statistics will not change the name without a court order.
 
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TheGeekess

Keeper of the Kraken
Why don't you leave the name change until the child is 18? I mean, seriously... you'll have to go to court and get a court order, pay to have the birth certificate changed, get the SSA to change the name on those records....

Why is it so blinking important? Are you the last of your family name? Or is it an ego thing with you? Do you like fighting Mom that much?

"Here is the Georgia Law which governs changes of name:
§ 19-12-1. Manner; petition; publication of notice of filing; hearing and judgment
(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."
http://www.albany.ga.us/law_library/documents/Name Change--Minor Child.pdf
 

MARL745

Member
Why don't you leave the name change until the child is 18? I mean, seriously... you'll have to go to court and get a court order, pay to have the birth certificate changed, get the SSA to change the name on those records....

Why is it so blinking important? Are you the last of your family name? Or is it an ego thing with you? Do you like fighting Mom that much?
Of course Im not looking to make a fight out of anything, its definitely not about ego here. He is my son, I would like my son to have my last name. That's not an inproper request in my opinon.

And by the way, yes, I will be the last of my family name. My brother was 3 years older than me, but he was murdered in 2003. My oldest brother and I have different mothers, his last name is Yarbrough. His mothers last name is Brown. That last name is his mothers ex-husband's last name whom she divorced when my oldest brother was 20. Now his kids are Yarbrough's, and they dont even know his exstep-father. I would not like this to happen where my son is concerned.

But thank you for the information...I do appreciate it!
 
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TheGeekess

Keeper of the Kraken
Especially if his last name is Butts and Mom's is Bigg. Poor child would get saddled with Bigg-Butts. :D
 

milspecgirl

Senior Member
how old is the child? many judges will allow a name change if the child does not have an established name- like school, etc. changing the name of an infant is not as hard as changing the name of an 8yo
 

CJane

Senior Member
Of course Im not looking to make a fight out of anything, its definitely not about ego here. He is my son, I would like my son to have my last name. That's not an inproper request in my opinon.
Not improper, but it IS selfish. After all, he's Mom's son too... what makes YOUR last name superior?

My son has his ... Father's... last name for 2 reasons 1) It's too cool to pass up considering my son's First name 2) My last name is my ex-husband's last name and I wasn't giving THAT name to a child that he wasn't the father of. But he could have just as easily had my maiden name and I would have been ok with that.
 

MARL745

Member
Not improper, but it IS selfish. After all, he's Mom's son too... what makes YOUR last name superior?

My son has his ... Father's... last name for 2 reasons 1) It's too cool to pass up considering my son's First name 2) My last name is my ex-husband's last name and I wasn't giving THAT name to a child that he wasn't the father of. But he could have just as easily had my maiden name and I would have been ok with that.
This is a good point Cjane. Not that I feel my last name is superior, it just sort of a tradition thing which I will have to speak to mommy about and see how she feels, which I have a feeling isnt going to be agreed to.

how old is the child? many judges will allow a name change if the child does not have an established name- like school, etc. changing the name of an infant is not as hard as changing the name of an 8yo
And he is 5 1/2 months now.
 

milspecgirl

Senior Member
at 5 1/2 months, you have a good chance of getting it changed. The judge allowed my daughter's to be changed at 3. It was important to her dad that she have his last name. It is a norm in society to be given your father's surname.
Whether you want to push it is up to you.
to some it is important and to others it is not.

And I don't buy the whole argument that she might give which is- well, it will be hard to explain when he has a diff last name than me- bull. what happens if she gets married- is she keeping her maiden name always?
 

MARL745

Member
at 5 1/2 months, you have a good chance of getting it changed. The judge allowed my daughter's to be changed at 3. It was important to her dad that she have his last name. It is a norm in society to be given your father's surname.
Whether you want to push it is up to you.
to some it is important and to others it is not.

And I don't buy the whole argument that she might give which is- well, it will be hard to explain when he has a diff last name than me- bull. what happens if she gets married- is she keeping her maiden name always?
I know this isnt legal advice but this is kind of my point. If she gets married then what? i dont say that to just say it, my oldest brother is prime example of this situation. Like I said, he has his ex-step father's last name, and his kids carry that last name now when they should not.
 

Humusluvr

Senior Member
And I don't buy the whole argument that she might give which is- well, it will be hard to explain when he has a diff last name than me- bull. what happens if she gets married- is she keeping her maiden name always?
I gave my kiddo my last name. My ex and I weren't married, so I wanted my child to have my last name since I would be the one caring for him, taking care of all legalities, and filling out all forms. I have decided that if I EVER decide to get married, I will keep my last name. My tie to my child is more important to me than my tie to any new guy.
 

milspecgirl

Senior Member
If it is important to you, then file.
But remember, being a dad is more than giving your child your last name.
It is a hassle to get it all done, but not hard. You have to send the court orders to get a new birth cert and then take that to SS and get the new card
 

MARL745

Member
I gave my kiddo my last name. My ex and I weren't married, so I wanted my child to have my last name since I would be the one caring for him, taking care of all legalities, and filling out all forms. I have decided that if I EVER decide to get married, I will keep my last name. My tie to my child is more important to me than my tie to any new guy.
Thats a good point. A big part of me has the hang up of my brothers situation and his children having some foreign last name. But also, the tradition of having a son carry on his fathers name is a part of who I am and how i see things as well...I'll talk to his mom about it today and let you all know what happens.

If it is important to you, then file.
But remember, being a dad is more than giving your child your last name.
It is a hassle to get it all done, but not hard. You have to send the court orders to get a new birth cert and then take that to SS and get the new card
Absolutely, and I agree 10,000%. Thanks for the info!
 

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