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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 163
Experience:  N/A
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What are the consequences if any of the mother changing my

Customer Question

what are the consequences if any of the mother changing my son's last name to her new married last name? She talked about having both or hyphenating his name.
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 2 months ago.

Thank you for using JustAnswer. I am a licensed attorney for over 20 years and I look forward to assisting you. I would be happy to provide general information regarding your question. Please hold on while I type your answer. Please note that although I am a Georgia licensed attorney, this is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Expert:  Law Tutor, Esq. replied 2 months ago.

What last name does the child carry at this time - your last name or the mother's last name? Are you on the child's birth certificate?

Customer: replied 2 months ago.
He has my last name (**********) and I am on the birth cert. His mom wants to change it to ********** or ******************.
Expert:  Law Tutor, Esq. replied 2 months ago.

Okay. I didn't mean the actual names. But that's okay. I will alert the site to redact the names. Please hold while I type my response. Thanks.

Expert:  Law Tutor, Esq. replied 2 months ago.

In Georgia, both parents must agree to the name change of a minor child, or the court will not grant it - unless the other parent has died, or has not financially supported the child for the last five years before the name change petition is filed, or the other parent has abandoned the minor child. So a petition would need to be filed with the appropriate court and the procedures must be followed before the court would enter a name change order for your child. The child's mother just couldn't do this unilaterally with your permission. If you are not in agreement with the name change, it's not going to happen, barring any of the factors I just noted (abandonment, etc). Does this help?

Expert:  Law Tutor, Esq. replied 2 months ago.

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Expert:  Law Tutor, Esq. replied 2 months ago.

Also, to be clear, if you decide to agree with your child's mother to legally change or hyphenate your child's last name, this does not terminate your parental rights. It is simply a name change. I hope this helps.

Did you have any other questions? If you don't require anything further, please don't forget to rate me 5 stars so that I may receive credit from the site for helping you. Take care!