Legal Question in Family Law in Georgia

Legitimation and changing the surname

I am in the process of a legitimation, I am a father who would like to change my daughters last name to mine she is currently carrying her mothers name. She and I were never married and my daughter is still an infant. The only thing I can think of is the fact since her mother is unmarried and single she may decided to remarry and change her last name and my daughter will be left without a parent to carry her last name with her. Also the fact I am her father and if we had been married she would have changed it anyway. My daughter does live with her mother I know the courts generally serve the best interest of the child but how would I make the case that the best interest is in my favor?


Asked on 1/11/03, 7:29 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Legitimation and changing the surname

If by "I am in the process of a legitimation" you mean that you have a current legitimation case filed in a court and this issue has not been addressed, you should immediately consult with a local attorney. The court filings need to be reviewed to see what, if any, amendments may need to be filed.

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Answered on 1/12/03, 4:56 pm
Pearlie Bush

Re: Legitimation and changing the surname

Are you and the mother consenting to the legitimation? If so, you should ask that she consent to the name change as well in this petition. If she does not, you still have a good chance of having the name change granted because the child is an infant. Please contact my office so that I can assist you in getting the name changed.

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Answered on 1/13/03, 2:40 pm


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