Legal Question in Family Law in Georgia
Name Change
My 17 year old son wants to change his name to my maiden name. The problem is that his father in Texas who has not provided continuous support during the 16 years except off and on and only after I sought the help of a child support agency, will probably not provide consent. Does the law state that the support he provided be continuous for his support to be necessary or how exactly does this work. I realize he can seek the name change next spring when he becomes 18 without his father's consent, but he is about to start applying to colleges this fall and for financial aid and this would seem very complicated if he does in fact change his name next spring, but has used his birthname for the college applications and financial aid documents. Does anyone have any advice on how we should proceed with this matter?
2 Answers from Attorneys
Re: Name Change
If the father will not consent, wait. He'd have to be served by publication, which will mean a hearing would be at least 3 months off anyways. Although a Judge might be likely to grant it, he can do it at FAR less expense, with no one's consent, when he is 18. At that point it's essentially a 30 day procedure with no approval needed from either parent. Changing a name on college records is easy. You mail them a letter and copy of the order.
You might contact the father and tell him it WILL be done without him in a few months and to avoid alienating the child for life he should consent now; if he would do that then it would be essentially a one month procedure now too.
Glen Ashman
404-768-3509
Re: Name Change
Sorry, but you are going to have file a petition for a name change. The legal system is slow, but depending on what county you are in, there may be a way to get an expedited hearing. You should consult with a local attorney. I think most judges would expedite the proceeding, given the college situation.
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