Legal Question in Family Law in Georgia
Minor name change and guardianship is custodial parent dies
I am pursuing a name change for a minor child so that her surname will match my married name. The bio-dad is insistent that his surname remain ''significant'' within her name (currently her last name is hyphenated with his surname and my maiden name as we were never married). Unsure how to proceed with this as we do not wish to hyphenate (another reason for the change). He is concerned that his part of the surname will be deemed unimportant except in legal documentation. We wanted to know if there is a way to clearly define the usage of the name... so that it doesn't appear as just a second middle name.
As a secondary issue I've wanted to find out about guardianship/custody if something were to happen to me. Although the bio-dad is involved I in no way feel he and his wife are either prepared or capable to have a child full time (many indicators for this and we do not agree on religion, morals, and smoking - my child has severe allergies). My husband has been in her life longer than the bio-dad and she would be separated from him a sister and stepbrother if custody were to go to bio-dad. Are there any arrangements that could be made to ensure she is not separated from her siblings? The bio-dad is not agreeable to adopt
1 Answer from Attorneys
Re: Minor name change and guardianship is custodial parent dies
You have not posted sufficient information to answer you. If bio dad was either married to you or has legitimated the child, he automatically gets custody if you die. However, there are some things you can do with a lawyer to at least protect the child's assets, and to deal with what happens if he cannot be found at that time.
As for a name change, what you are asking is impossible. If you do the 4 names, his name is NOT a last name. Whether a court will side with you or him depends on many details you did not post, and your lawyer is best equipped to answer the question.
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