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Good afternoon. I would like to change the name for my daughter,

who was born outside of...
Good afternoon. I would like to change the name for my daughter, who was born outside of US. Her biological father lives in Ukraine and he did not see his daughter for 7 years. He did not pay alimony or any support. Now, I`m married again and immigrated to US. Can my daughter be granted with new last name without permission of her biological father? Can I be the only one plaintiff for this petition for a name change? Thank you
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Answered in 6 minutes by:
4/4/2013
Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Verified

Thank you for choosing Just Answer.

 

I have a few questions I need to help you.

 

1) Do you know the address of the father ?

2) Do you know how to have legal papers served on him ?

 

Once I get the answers I can help you more fully.

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Customer reply replied 4 years ago

1) I don`t know the address of father, but I can contact him through e-mail, if it will help


 


2) I don`t know how to have legal papers.


 


 

Thank you for choosing Just Answer.

Normally to file a name change you need the consent of the father. There are exceptions to the rule

  1. if the parent is deceased, OR
  2. the parent has abandoned the child(ren), OR
  3. the parent has not contributed to the support of the children for a continuous period of at least 5 years immediately before you file the petition.

If your situation falls under any of 3 three exceptions above you do not need father's consent. You will not need his signature on the petition. You will however need to make sure that service is complete on the father.

Since you do not know where he lives or how to contact him you will need to complete service by publication. You can probably use his last known address to decide where to submit the publication. The clerk of court probably has the format of the publication that is acceptable.

A complete set of instructions and forms to complete can be found at

http://sites.lawhelp.org/documents/clusters/GA/271/English/Instructions%20-%20Name%20Change%20Child.pdf

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Verified
Jack R. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

How I can prove that the father has abandoned the child and has not contributed to the support of the child? Are testimonies of my 10 years daughter and my new husband, who lives with us for 7 years enough?

You will not need to prove it. You will need to swear that the statements are correct. Your daughter will not need to state her father abandoned her. You husband can also testify if necessary.

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You

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Customer reply replied 4 years ago

Do I need to describe my case regarding biological father in petition form (Consent to Name change?)

The form is very explicit on what you need to fill out. The form does not request nor are you required to describe your case about the bio father. The form requires you indicate why you want a name change.The link I sent you has detailed instructions on what needs to be completed.in the petition.

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

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Customer reply replied 4 years ago

And last question) In that link that you gave me is a list of forms that I should have to fill out. Where I can take all this forms? I was at the clerk office of the Superior Court of my County and they gave me only half of all listed forms. Thank you!

All the forms were included with the link I sent, just print them out.

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

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Customer reply replied 4 years ago

I checked 3 times, this link contains only list of needed form and instruction how to fill them (14 pages). It does not have any form to fill out.

Try this link. http://www.georgialegalaid.org/resource/change-names-of-minor-children-gwinnett

 

Please remember the to click on OK, GOOD or EXCELLENT SERVICE so I may get credit form my answer. If you have further questions please ask. Thank You !

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Jack R.
Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6,147
6,147 Satisfied Customers
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law

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