Legal Question in Family Law in Georgia
name change of child after remarriage
I have full custody of my daughter and have recently re-married. How easy is it to change her last name? She is ten now and it's a big deal to her that we ahve different last names. She is asking my husband to adopt her. My ex and I do not communicate well and I fear that, although he has moved twelve hours away, he would fight this just to make my life difficult. Since I have full custody, can I not do this without his consent?
2 Answers from Attorneys
Re: name change of child after remarriage
It is fairly simple. Filed a Petition for a Change of Name. Serve the father with a copy. He must have a legitimate reason for opposing the name change. The rule is , generally, that anybody can have any name he/she wants, unless it is to defraud creditors.
Re: name change of child after remarriage
A name change would be fairly simple if the father agrees. If the father does not agree, he would have to be served and the decision would be up to a court, which might or might not grant the change.
An adoption would also change the name. Unless the father was not paying support or seeing the child, it cannot happen without his consent.
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