Legal Question in Family Law in Georgia

Re: Amendment to name change

I would need more information about your situation to answer your question properly. I will make some assumptions from similar questions I have had from others but if these assumptions are incorrect, the answers may change. Also, if the assumptions are not factually accurate, I do not intend any offense.

If you were not married to the child's mother, and if you have not filed a legitimation action, that is what would most likely be needed for the Department of Vital Records to change the birth certificate. It is not clear from your message whether the child's mother is agreeable to a legitimation action, but if she is, it could be handled fairly quickly with her consent.

A petition for legitimation would be filed in the county where the mother and child reside (there may be applicable exceptions to this which you should discuss with any attorney handling the case for you). If she consents, an Order could be presented to the Judge and entered right away which legitimates the relationship between you and the child (thereby enabling her to inherit from you as any child born in wedlock) and would give you equal rights with the mother to establish your custodial or visitation rights (without legitimation in such cases, the father has no rights of custody or visitation). Obligations such as child support woudl also be formalized in such an Order.

The Order would be sent to the Vital Records Office and an amended borth certificate would then be issued.

Re: Amendment to name change

There is no standard form for a petition to correct birth certificate (a legitimzation would also have worked). If the case has not been completed it probably can be amended. Some counties will require your presence; some will not. We can't tell you what to amend without seeing what you filed, and if you want to retain us you would need to contact our office. You'll see contact information on our website at glenashman.com .