Legal Question in Family Law in Georgia

child custody/ name change

Five years ago I had a child in NJ.I was not married to the father.I moved to Georgia and he was supposed to follow.A year went by and he didn't come.He was out of work and not paying child support for a year.I am married now.He sends 200 a month in child support and comes to see my son for 3 days out of the years tops.He has even gone a year without seeing him at all.He calls but rarely talks to our son.Recently my son asked if he could havemy last name too.I asked the father and he said no.My husband raises, supports him and even insures him because his father refuses too.(he had to send a letter saying he had no custody and wouldn't insure him so my husband could add him on)My son calls my husband daddy and now has a brother His fathers family doesn't contact him other than a birthday card or gift through the mail.We've never been to court or had a paternity test done,but his name is on the BC. Do I have the right to change/ hyphenate his last name or grounds to terminate his rights in the interest of my child and have my husband adopt him. Also, if he does get visitation, can I get it supervised and in GA only? He has made a remark about if the cops would catch him if he took my son back to NJ with him.


Asked on 10/12/07, 1:50 pm

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: child custody/ name change

Call me for an appointment. You may be able to do a name change without his consent.

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Answered on 10/12/07, 4:27 pm
Tahira Piraino Tahira P. Piraino

Re: child custody/ name change

Is the father behind on child support? Do you have to pursue child support? In a stepparent adoption, you have to show a lack of support and a failure to maintain a meaningful relationship for a year prior to filing the petition. Otherwise, you have to terminate parental rights. I would need more information to determine whether or not you could terminate. If the father did not agree to the name change, he would probably fight his parental rights being terminated.

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Answered on 10/12/07, 4:40 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: child custody/ name change

You state -- "We've never been to court or had a paternity test done,but his name is on the BC." Does this mean you are not sure of the real father? If so, perhaps that should be resolved. Perhaps there is someone out there who may be happy to take a larger role in the child's life.

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Answered on 10/12/07, 6:08 pm


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