Family Law Questions? Ask a Family Lawyer Online.
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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?
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.
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?
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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.
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