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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Divorce: Name change of minor child & move
Expert: Jeff Laatsch - 10/25/2009
Question
I have a 7 y/o son. I gave him his biological fathers last name. His father and I were never married. I was wondering how to change/if possible his last name. I am remarried now. We have joint legal custody and i have full physical custody. My son always says he feels different cause he doesnt have the same name as me and his sister. Do i have to have his fathers permission to change his name? My son was born in AL (thats where all custody paper work was filled). we currently live in GA. thanks
Answer
Nancy:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.
There are many reasons why someone might want a name change, but the reasons usually center on simply wanting a different name, marriage, divorce, and adoption. Except for women going through marriage or divorce, name changes require court orders.
You would have to petition the court for a name change by filing certain paperwork. How this works will vary from state to state, and while in the simplest cases you may be able to fill out the forms yourself, you will likely need to consult a lawyer or a legal aid society.
But because you have JOINT legal custody, you will have to get permission of the Father before you can change the name of said child.
The court will weigh whether or not the name change is in the child’s best interests and will accept or deny the petition accordingly.
Now by law you should have notified the father of your move to GA, if not you could be in a bit of trouble when you go to petition the court for name change the judge asks if you have notified the father of your MOVE and attempt to ask him for permission.
Kind Regards,
Jeff
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