Legal Question in Family Law in Georgia
Changing a child's last name
I need to know what is the law in Georgia for changing the last name of a child that has their father's last name...in both situations, if he is on the birth certificate and if he is not.
Thanks
2 Answers from Attorneys
Re: Changing a child's last name
I haven't done any specific research but I don't believe the father's name on the birth certificate will affect the name change. First of all, is the child legitimate (were the parties married when the child was born , or marry after?) A name change can be petitioned by the either parent, but can be contested if a the parent does not want the name changed. Most of the times a name change is uncontested. If the child is illegitimate the father does not have access rights to the child so his protest of the name change would likely be insignificant. A judge will hear the petition as to why you want the name change and rule on it.
Re: Changing a child's last name
The law is the same either way. It is done by a petition in Superior Court. If the father consents, it is pretty simple and inexpensive. If the father objects, it is up to the court and becomes far more expensive. If you're in metro Atlanta, our office can assist you. Give us a call.