How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7430
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

Ok, my boyfriend and I are the legal parents of our 4 year

Customer Question

Ok, my boyfriend and I are the legal parents of our 4 year old child. We are not married and never have been but we both agree to change the last name of our daughter to his last name because we are planning on getting married in the near future. Also because I want my child to be legitimized and carry on her father's last name such as her half sister. We want to know how we go about doing this if we are both willing to have her legitimized and have her last name changed from Johnson to Craig. Could you give me some insight as to how we do this. We reside in the state of Georgia.
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

Has paternity been established legally?

Customer: replied 10 months ago.
We were going to take care of that Early Friday Morning.
Customer: replied 10 months ago.
A DNA test has been done and he has been paying child support which is about to be dropped
Expert:  LegalGems replied 10 months ago.

OK; thank you;

Instructions for name change here: https://www.fultoncourt.org/family/forms/P10-NameChangeMinor-Instructions.pdf

However, the acknowledgment of paternity form has a section where the child's name can be changed to reflect the biological father's surname:

please see page 5 of the attached;http://dhs.georgia.gov/sites/dcss.dhs.georgia.gov/files/imported/DHR-OCSE/DHR-OCSE_Paternity_Establishment/Paternity_Establishment_FAQ_01.11.2011.pdf

and:

Requirements of the Legitimation Petition: The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and she shall be served and provided an opportunity to be heard. O.C.G.A. §19-7-22.

here: http://csc.georgiacourts.gov/sites/default/files/csc/training/Paternity%20and%20Legitimation%20of%20Child%20Bench%20Card%20V1.2.pdf

I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.

(and congratulations!)

Customer: replied 10 months ago.
But we're together I am the biological mother and he is the biological father.. we reside in gwinnett county. and i want her name to be his last name instead of mine
Expert:  LegalGems replied 10 months ago.

Yes, but paternity stil needs to be established legally - this can be done via an acknowedgement of paternity; then the name can be changed via that same paperwork.

If the parents live together the address would be the same on the form.

Customer: replied 10 months ago.
ok after legitimizing the child what do we do
Expert:  LegalGems replied 10 months ago.

The acknowledgement form has a line where you can enter the name you would like the child to have (ie the father's surname).

Expert:  LegalGems replied 10 months ago.

If both parents sign the Paternity Acknowledgment form, can the child have the father’s last name on the birth certificate? Answer: Yes. The Paternity Acknowledgment form has a place for the child’s name. The child’s name can be whatever both parents agree to. If the Paternity Acknowledgment form is completed after the birth certificate information is sent to Vital Records by the birthing hospital, the State Office of Vital Records will update the child’s birth certificate with the name specified on the Paternity Acknowledgment form.

http://dhs.georgia.gov/sites/dcss.dhs.georgia.gov/files/imported/DHR-OCSE/DHR-OCSE_Paternity_Establishment/Paternity%20Establishment%20FAQs_070108.pdf