First off, we live in Georgia. My husband and I are raising 2 of our grandchildren. We have had physical custody for approximately 2 years and permanent legal custody for nearly 18 months.(DFCS had legal custody to begin with.) The children have the same parents, but have different last names. The youngest has our last name and the oldest has his father's last name. We want to change the oldest's last name to our last name. This way the children will have the same last name, as well as having our last name since we are raising them. The mother has given her written consent. However, the father has had no contact(physical, written or otherwise) with either child in over 18 months. Nor has he provided any kind of financial support. Would it be appropriate to say that the father has abandoned the child on the Petition to Change a Minor's Name? Any assistance would be greatly appreciated!

I would say its appropriate to say it on the form, but it may not mean the name change will be granted without trying to contact him for his permission. The court may require to get his permission or show a good faith effort to have done so.

You may use that word in asking the court for permission to change the name. Does the child want his name changed ?
Does one have the mothers maiden name and the other the fathers name ?

Which one are you wanting to change ?

Also remember that changing a name is not viewed by the court as a required event, so you may have to attempt to show some need to do so.

The children are 2 and 4 years old. The 2 year old has the mother's maiden name, which is the same as ours. The 4 year old has the father's name and that's the one we are wanting to change. The mother is my husband's oldest daughter and she was never married to the biological father (not that that really matters in this case). We don't understand why one has the father's name and the other doesn't. Both parents are drug addicts. The mother is in jail and I think the father is on probation. The father has never attempted to legitimate either child. When DFCS was involved, they only acknowledged him as the biological father and not as a father with paternal rights. He has not had any kind of contact with the children in 18 months. He does not call, write or send birthday cards, nor does he offer any form of financial support. He has other biological children that he does not support and I don't believe he has contact with them either.

If he is on the birth certificate, then there is no need to legitimize his paternity. If DFCS acknowledged paternity, there should be no need to legitimize anything. DFCS cannot take away parental rights. Once paternity is acknowledge the rights go along with it.

That doesn't mean you won't get the name change. But it does mean you may have to at least ask his permission first.