Changing step-daughter's surname

[epsonderby 85]

Hey y'all,

I just wondered how easy it would be to go about changing my stepdaughter's surname to mine so it matches her momma's?

She has always had my wife's maiden name and never took her birth father's name. Do we need to involve him? He hasn't seen her in years and is behind on his child support payments by a long way.

Is this something we can do in a DIY way with forms at the courthouse? or do we need a lawyer? I have read so many conflicting sources that say about placing ads in newspapers for so many days, whereas others say it can be done with a form.

We're in Georgia, if that makes any difference?

Big thanks in advance...

[aaron2020 11,651]

You need a court order for a name change for a minor. The court will require you to notify the father so he can object if he wishes. If he objects, then you can not change the child's name.

It doesn't matter that the child does not have his last name or that he is behind on child support. He is the legal father.

A legal parent has rights over his child unless a court order states otherwise.

Google "ehow change name Georgia" for more info.

Edited February 3, 2013 by aaron2020

[Villanelle 4,122]

Its going to depend on if the father consents to the name change or not.

If the father consents to it- Both parents have to sign the form, you dont need a lawyer, you pay the fee and submit the form to the clerk. A hearing date will be set. You have to publish your intending name change in the newspaper. The judge will review everything at the hearing. As long as both parents signed off on it and the name isnt something offensive or infringes on copyrights or is trying to impersonate a famous person- it will be approved. Depending on the court it might not be necessary for both parents to have to appear in person at the hearing. The father may be able to sign the consent form and have it notarized and just the mother and child can appear at the hearing.

If the father doesnt consent- Then only the mother will sign and submit the form. You still dont need a lawyer. You pay the fee and submit the form to the clerk. A hearing date is set and the father will be notified of the hearing. You still need to publish your intending name change in the newspaper. The father has the right to come to the hearing and object. In theory if he doesnt object the name change should be granted. But thats the theory and not the reality.

The reality is and I know this because I changed my childs name w/o the fathers consent- or them being there-

This is what was said-

Judge- We do not ever accept or approve petitions to change a minors name based on remarriage w/o the fathers consent.

Me- but the father did not show up to object, so doesnt that mean he doesnt object?

Judge-Not objecting and giving consent is two different things. We understand when people get remarried they want this nice family picture- where the family now has this sense of unity- everyone has the same last name. But for your child to have your husbands last name, it will look nice and all, but your husband would have the benefit of having the picture perfect family w/o the legal responsibilities that comes with having the child take his name legally if he was to adopt said child. Normally we flat out deny these types of petitions and tell people to adopt the children and the only reason why we are still talking is because of the additional information you provided (showing it would be in the childs best interest to abandon her fathers name and take a new last name). My petition was approved for that reason only.

Perhaps you can qualify the same way. Try to make a strong case that its in the childs best interest to change their name. Show the child has no contact with the father and maybe it will be approved.

[epsonderby 85]

Thanks for the suggestions. I will likely hire a professional and go for the adoption route. I'm pretty sure we'd have a strong case.

[aaron2020 11,651]

Thanks for the suggestions. I will likely hire a professional and go for the adoption route. I'm pretty sure we'd have a strong case.

For the adoption, you will still need to notify the father. Adoption makes a name change easier, but it increases the stakes since you would be asking the court to terminate the parental rights of a non-US citizen who is residing and is physically outside the US.

To make you the legal father, the biological's father rights must be terminated.

[N-o-l-a 7,168]

Thanks for the suggestions. I will likely hire a professional and go for the adoption route. I'm pretty sure we'd have a strong case.

That might depend on how long you've been married as well. We were waiting until we've been married at least 2 years before doing adoption (1 year or so in DK and 1 year in America) to show stability and to make sure it is the best choice for my daughter. We are likely going to apply to change her name as soon as we are back in America, though.

We have the added benefit that I have sole custody and my ex-husband has never met my daughter.

[del-2-5-2014 1,339]

You need a court order for a name change for a minor. The court will require you to notify the father so he can object if he wishes. If he objects, then you can not change the child's name.

It doesn't matter that the child does not have his last name or that he is behind on child support. He is the legal father.

A legal parent has rights over his child unless a court order states otherwise.

Google "ehow change name Georgia" for more info.

Thank you.

Not sure why OP even included that in the thesis.

[N-o-l-a 7,168]

Thank you.

Not sure why OP even included that in the thesis.

Because the father not bothering to see his child or pay child support in a timely fashion indicates from a moral standpoint that he has chosen not to have an involvement in the child's life and if the mother doesn't already have sole custody, she should seek it.

[aaron2020 11,651]

Because the father not bothering to see his child or pay child support in a timely fashion indicates from a moral standpoint that he has chosen not to have an involvement in the child's life and if the mother doesn't already have sole custody, she should seek it.

The failure of a parent to meet his moral obligations does not affect his legal rights.

What is moral and what is legal are completely different things.

Edited February 4, 2013 by aaron2020

[N-o-l-a 7,168]

The failure of a parent to meet his moral obligations does not affect his legal rights.

What is moral and what is legal are completely different things.

Yes, but it can also be legal.

The man is a douche and I don't know why the law would bother to give such a person any say at all. If the father objects, but the mother has sole custody with no visitation, could the judge not grant the name change anyway?

[Villanelle 4,122]

The judge could grant the name change but it would be highly unlikely. Like I said, how it was explained to me was that the courts do not like it. They do not like to give the new 'father' benefits like having the child the fathers last name with out having the legal responsibilities for the child.

Youd have to show its in the childs best interest to abandon the fathers last name. Its a hard thing to demonstrate. You can argue the father has no interest in the child- never seen the child, has no connection to the child besides the name etc. But I suspect the court is just going to turn around and say- well if thats the case then have an adoption done.

I did have a minors name change done, where the child took my new spouses name. I was advised by many people before hand that it was most likely not going to happen. Afterwards upon presenting the name change order to various places (SS, child support agency, passport agency, schools, ins company, vital records office to get a new birth certificate) every single person commented on how incredibly rare it was to have a name change order with just my name on it as the petitioner.

It rarely happens. Theyre use to getting adoption papers and changing minors names based on that. Because when you go through the adoption process, you have the option to change the childs name right then and there.