Legal Question in Family Law in Georgia
Adoption or name change
My son is now 15 and would like to have my husband's last name. He has considered my husband his dad since the moment we married. His biological father has not had any contact with him for nearly 9 years. Child support enforcement finally made him start paying his child support 1 year ago, but he is still $40,000 behind. Can my husband adopt him or can my son just have his name changed? What is the difference? My husband has taken care of my son since the day we met. He loves him as his own. We have three boys together and so fincially we've been unable to hire an attorney. We lost our baby son in a car accident so that has put a bigger strain on our finances so what would be best. My husband really would like Ryan to have his last name. I know my ex lives in the Dalton other than that nothing. We've been devorced nearly 12 years. He has never really made an effort. He is now remarried. He also lost a child a few years ago due to a hospital personal so I don't know if he'd be willing to give his rights up.
1 Answer from Attorneys
Re: Adoption or name change
Since he's paying support now he can block an adoption, and possibly a name change. Also, since he's paying, that means you could, with the mandatory dilligent search, locate him. Given that, the logical answer is to contact him and see if he would consent. If so, the rest of the process may prove reasonably easy. If he is not going to consent, more facts are needed to dicsuss your options.