Legal Question in Family Law in Georgia

adoption/legal name change

My ex husband will not give up his parental right to our daughter who will be 13 this month. She desperatly wants to have her name changed to my present husbands last name (like her 2 younger sisters have)who has raised her since she was 2 years of age. At what age can a child go before the judge and asked to be adopted or legally have her name changed? My ex has been paying on a regular basis since he had a warrant for his arrest issued 2 years ago, but he has not had contact with her since she was 3. Any info would be appreciated. Thank you.


Asked on 7/25/02, 12:09 am

2 Answers from Attorneys

Eric Ballinger Ballinger & Associates

Re: adoption/legal name change

If he has been providing support for the child, the courts will not terminate his parental rights. It is not until he has aboandon the child totally will the court terminate his rights.

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Answered on 7/25/02, 6:59 pm

Re: adoption/legal name change

As her mother you can petition the courts for a name change. Your question will also depend on where your child was born and whether she was born out of wedlock or not. In Georgia, the father has no rights to the child until he legitimates the child, although he still has a duty to pay child support. In any event, there are other options to your situation but more information would be needed.

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Answered on 7/26/02, 10:38 am


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