Legal Question in Family Law in Georgia
If the birth father did not sign the birth certificate and the child has the mothers maiden name, does the mother have to get consent from the birth father to change the childs name?
2 Answers from Attorneys
Your question is more complex than you probably thought.
First of all signing the birth certificate is irrelevant. Whether the father ever legitimated the child, either by written document or in court, does matter.
Regardless of legitimization, a name change case must identify the putative father in these type cases. The case will be simplest if the father consents.
The case can proceed without his consent if you properly serve the father. What happens after that depends on if he objects, ignores it, or consents. Ultimately name changes are up to the judge, although in the fact pattern you give, most such name changes get granted.
My office does handle name changes and they are usually quite inexpensive. Although some people do attempt to be their own lawyer with name changes, unfamiliarity with procedure and law could cause problems and delay or prevent a good conclusion.
If you would like help with the process feel free to call me at 404-768-3509.
Your question showed up twice on law guru. See my previous answer to you.