I have two children with the same man. My first son was born in Florida and his father signed the birth certificate and gave him his name. I have a child support order on this child which is several thousand dollars in arrearage. He has'nt paid in over a year. After we found out about our second child he left. I moved to Georgia where I gave birth to our second son. He has had no contact with me or my two boys. He has not seen the first child in over a year and a half. He does not deny he is the father of the second child. However according to Georgia law my second son had to be given my last name since we were not married and he was not present. I do not yet have a child support order on this child. My big question is Can I legally have my first sons name changed to my last name? How do I do it? I can't contact him for permission. I can only contact his relatives. What steps should I take? I do not want my children to grow up with different last names. He will not travel to Georgia to change his second sons name.

You will need to get his consent to the name change. You may need to get a lawyer and have him legally served.

I would contact a local attorney - this could get difficult.

While you are at it, I would file for support for the second child.

Thank you for the answer. I was afraid I would get that kind of reply. If he does not want to give consent and I have the name change listed in the papers... would he have to either show up on the court date or pay something to be able to dispute it? I have the necessary documents filed out and was told to bring them by the Superior Court. I have to pay fees. I just want to know what I am getting myself into. Thanks again.

If you are able to get in contact with him to get or not get consent, publishing it in the paper does nothing. THe whole deal with the paper is called Service by Publication and it is a last ditch method to have process served. If you know how to reach him, it is not an allowable option.

If you speak to him and don't get his consent and somehow convince the court that you couldn't find him or whatever, he can contest the name change and possibly have you prosecuted for perjury (a felony).

As for disputing it... if after not being able to get his consent you try to force the issue through court, he will be served with notice that he may attend the hearing. If it is a large distance he might be allowed to give his testimony directly to the judge. And forcing a name change when there is someone actively contesting it is a very expensive uphill battle for something relatively minor.

It is not relatively minor considering both of these children are his. And only one has his name. I would even settle for my second child to have his name. But he will not travel to do so. Even though he has no doubt that the child is his. That's not even in question. My second son was born in Georgia which means his name change would have to be done here. They have already told me it can't be done in Florida. At least not the easy way.

I am in no way going to take things as far as to purjure myself.

I have no phone number to contact him. I have requested his family ask him to contact me about the matter but its been close to six months with no reply.

He will not contest if he would have to travel or pay any kind of fees. I'm sure.
Even if contesting and sending his testimony to the judge it would consist of... I don't want my sons name changed but I'm not coming to file for my second son to have my name.
Would something like this actually fly? Or do you think the judge would considor my situation?

Again I do not want my children to grow up with different names. I would rather they have mine since there father ( and I'm not saying this in bitterness or anger or any other emotion of that nature) is not a father at all. He has never been involved. Even when I lived 2 minutes away from his house. It was too much of an inconvienence to come to see his children. He doesn't even call to ask how they are doing.

The judge would certainly consider both your and his situation. Ultimately any ruling on children must be determined to be in the best interest of the children. The court does not particualarly care what you OR the father want. I can see the courts siding with you, but there is going to be some legal red tape to cut through to get there... one being having him legally served.

No, he would not have to pay anything to contest it and might be required to travel... but he doesn't really sound like the kind of guy that will go out of his way to do anything... particularly if he shows up one of the questions he will be asked is about the arrearages of support.

Im not saying its not possible... just that it is complicated.

Im confused as to why you have to go to Georgia to do anything in court with your second son... since there has been no ruling on him, jurisdiction would belong to his home district which is Florida. You say "they" have already told you... who are they?

My second child was born here in Georgia. I moved here from Florida after the split and have been here since. The probate court told me his father would have to come here to change his name before his first birthday in Dec.

I know this will not be easy or fun. But It's worth it for my children to have the same name. He will not go out of his way to dispute it so maybe things will work out a little easier. If not I still hope that I will have a good chance. In the meantime I will take him to court for child support on his second child. I support them both well on my own. But it's still something that needs to be done.

I do see this as being in the best interest of the children. Not just something I want. Hopefully the court will rule that way. Especially since I am willing for them to have either name. Mine or his. I just want them to have the same name. That seems like best interest considering they have the same father.

Thank you for your help.