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sewinston · Oct 20, 2008, 11:55 AM

What do I need to do to change the name of a minor in the State of Georgia. The child's name has already been changed once by her mother from the name on the birth certificate to another name. Do now believe the child was adopted prior to this name change. Since it has already been changed once, can we apply for a name change without attempting to contact the name on the original birth certificate?

stinawords · Oct 20, 2008, 12:00 PM

Are you the father? If she was adopted by her mother's husband then you are not the legal father anymore. Can you give a little more detail about the situation?

sewinston · Oct 20, 2008, 12:09 PM

Originally Posted by stinawords

Are you the father? If she was adopted by her mother's husband then you are not the legal father anymore. Can you give a little more detail about the situation?

I am the bio father, but mother had married someone else prior to birth of child. The name of this birth certificate was his. She married another person and during that marriage changed the child's name to her maiden name hyphenated with his last name. The mother and I are now married and I want my child to have my last name.

stinawords · Oct 20, 2008, 12:32 PM

Wow OK first the court will most likely want you to prove through DNA that you are the father. Because who ever is on the B/C is the legal father so did he do a DNA test a while back to get off it?

sewinston · Oct 20, 2008, 12:35 PM

Originally Posted by stinawords

Are you the father? If she was adopted by her mother's husband then you are not the legal father anymore. Can you give a little more detail about the situation?

Child was not adopted - it was a legal name change so family would have same name. When they divorced, the only custody concerned the child they had together.

sewinston · Oct 20, 2008, 12:42 PM

Originally Posted by stinawords

Wow ok first the court will most likely want you to prove through DNA that you are the father. Because who ever is on the B/C is the legal father so did he do a DNA test a while back to get off of it?

Due to bizarre breakup, paternity was never questioned/established. She got out of that by not asking for support (even though I did help her financially) Don't believe he did a DNA because she did not ask him for support as he knew he was not the father. Since the other was simply a name change, am sure father listed on the birth certificate is her first husband. We do now know where he is at this time. Do not have a problem with posting the notice in the paper where he was last located, but want to get the name changed and a new birth certificate issued before the child is 15 and sees the original birth certificate when there is no knowledge of the existence of this man.

stinawords · Oct 20, 2008, 12:45 PM

I would bet that when you go to court the judge will order a DNA test first because which ever father is on the birth certificate is the legal father so to just change the name he would have to be contacted and he would even have to sign to allow you to adopt. But because you are the bio father you should just have to go to court and petition the judge to order a DNA test then when the test comes back with you as father you will be added to the because and the name change will be pretty easy.

sewinston · Oct 20, 2008, 12:48 PM

Originally Posted by stinawords

I would bet that when you go to court the judge will order a DNA test first because which ever father is on the birth certificate is the legal father so to just change the name he would have to be contacted and he would even have to sign to allow you to adopt. But because you are the bio father you should just have to go to court and petition the judge to order a DNA test then when the test comes back with you as father you will be added to the b/c and the name change will be pretty easy.

Can this be done without the use of an attorney since finances are really tight.

stinawords · Oct 20, 2008, 12:52 PM

Sure can. Most family courts are pretty user friendly as long as you go the route of proving paternaty.

cdad · Oct 20, 2008, 12:57 PM

Originally Posted by stinawords

I would bet that when you go to court the judge will order a DNA test first because which ever father is on the birth certificate is the legal father so to just change the name he would have to be contacted and he would even have to sign to allow you to adopt. But because you are the bio father you should just have to go to court and petition the judge to order a DNA test then when the test comes back with you as father you will be added to the b/c and the name change will be pretty easy.

I think we are entering the sticky zone here. For one thing the " legal " father may still have to be contacted to sign off the name change and B/C change. In many states when a couple is married and from that marriage is a child then the spouse is the presumptive father. Having said that he would have all the rights of the bio dad and the bio dad would have little or none. Since the former husband is the legal and presumptive father then he may very well be involved in this whole process. I don't think its going to be as easy as stina has stated but it still can be done.
In effect this process is going to be like the bio father adopting his own child.

sewinston · Oct 20, 2008, 01:04 PM

Originally Posted by califdadof3

I think we are entering the sticky zone here. For one thing the " legal " father may still have to be contacted to sign off the name change and B/C change. In many states when a couple is married and from that marriage is a child then the spouse is the presumptive father. Having said that he would have all the rights of the bio dad and the bio dad would have little or none. Since the former husband is the legal and presumptive father then he may very well be involved in this whole process. I dont think its going to be as easy as stina has stated but it still can be done.
In effect this process is going to be like the bio father adopting his own child.

What if his whereabouts are unknown? He has been out of touch since the divorce and support was not asked for. Too bad, because if it had, he would have filed for the paternity test then to get out of paying anything. Can the notification be by posting the notice in the newspaper where he was last known to reside for one day per week for four days. A friend of mine did this and only had to get a copy of the statement for the posting and a copy of the page each week showing the ad ran. He was able to then take this to the court and get his name corrected to his birth father and his B/C changed.

cdad · Oct 20, 2008, 01:15 PM

1) you can file for custody / support at any time.
2) depending on your courts there are ways that you can go about proving you made a diligent search for him including a posting as public notice to prove you have tried everything.
3) you really do need a lawyer involved to walk you through this so in the end you get the results you want and nothing can be contested.