Legal Question in Family Law in Georgia
name change
The father of my 15 yr old son has not had contact or paid child support for ten yrs. Child support enforcement is trying to enforce the child support order, I've recieved payments for about 10 months now, although he's moved jobs several times to avoid paying. I've contacted him and he's spoken with our son a few times on the phone, but is not maintaining contact. My son wants to change his name, can he do so without his fathers permission? Can we change it to my maiden name?
2 Answers from Attorneys
Re: name change
Unless the father has failed to provide continuous support for a minimum period of five years immediately preceding filing the petition, his consent is required. Since your son's father has been providing support for the last ten months, although forced, his consent would be required. If your son's father refuses to consent to the change, your son can always change his name when he reaches the age of majority which in Georgia is 18.
Re: name change
The father would have to be served, unless he consented. It's not automatic without that consent; it's up to the Judge.