Legal Question in Family Law in Georgia

Legal name change

I have a nephew that I have had legal custody over since he was 3 months old. He is now almost 14 yrs. old. I want to leagally change his last name and I know that I have the right as well as the support of his biological mother to do so. The problem I am havng is locating the forms! I know where to file them... procedure, everything except where to find the forms for filing. I have asked the clerk at the local courthouse and she will not as she says...''give me legal advice''. My daughter works at the courthouse and she can't even locate them...can you help me?


Asked on 7/25/05, 10:09 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Legal name change

Unless you are the parent, you CANNOT file a name change. OCGA 19-12-1, relating to change of names for a minor, refers ONLY to parents.

157 of the 159 counties in Georgia do not provide forms, and in all 159, the clerks are prohibited from giving legal advice.

I am assuming you have "custody" under a probate or juvenile court order. Those are temporary and do not give you full parental rights, but merely grant you a temporary guardianship.

You may want to consider an adoption, which is permanent, and would include a change of name.

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Answered on 7/25/05, 12:08 pm


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