In most states, the birth mother can name her child anything she choses, almost anything goes. Thi first, middle, and last names. And you don't have to give the baby the last name of either parent , that is Judeo-Christian tradition , many cultures children have their own separate identity.-- for example, Mary Black and John Smith can name their child Morning Dew., or Morning Dew Black or Morning Dew Smith-Black An example of that truth is hyphenated last names, .just like tyou do not have to have a middle name
Searching the code for a law that doesn't exist is time consuming, I could find no such "law", What I think your friend(s) meant is that EITHER parent can change their child's name . He would have to petition for aname change and you can object. Then a judge will decide. Some judges are old fashioned and think children should have their fathers last name.
A defense to that is that the father isn't very old fashioned ( traditional) if he is not married to the mother.
If there is no traditional family, I see no reason to follow some traditions and not others. If there is not an intact unit, living together where the father is assuming the role of real parent, then sometimes the child is better off with his last name matching the mothers. Especially for travel, school enrollment, doctors, etc and especially passports. It will get tiresome for the custodiual parent to have to carry around a birthcertifcate to rpoev that child is her ( or his shoudl the situation be reversed) because the last names don't match up. Matching identity is critical in post 911 America
here is a link to the Ga process of name change he will utilize.
http://lawdigest.uslegal.com/name-change/general/1418/
| You are here: Home Categories Legal Children and the Law In the state of GA dose the unwed mother have the right to to give her last name to her child |
Submitted 229 days ago...
In the state of GA dose the unwed mother have the right to to give her last name to her child
In the state of GA dose the unwed mother have the right to to give her last name to her child even though the father is establishing paternity and wants the name changed to his last name. We were told that once the father legitimizes the courts will give the child his name.
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Answer 1 / 2 - Submitted 228 days ago...
She sure does. Infact unless you're named on the birth cert. as the father you do not have many rights. If things change down the road you can always have the name changed.
This Question was awarded 228 days ago therefore you can no longer post an Answer. However you may post a comment below.
Thank you this gives us a good start on research. The father is insisting
so we have to go to court to resove this matter.
"How" is he insisting? Ha she filed a court case? OR has he filed for a name change?
I would interestde to know what his attorney "titiled" the case in the heading of the court filing.
Did it say " Motion to change the name of the baby to mine" or ?
If the court filing cites a Georgia statue , please post it here
it would say something like:" pursuant to Georgia statute ( number) "or it may say according to "smith v smith ( case number and date) ". If you have any specific legal reason the father is relying on, post it, as the information will help me look further and help those with other similar cases
and thank you for the vote
I was in the same situation, and my daughter's last name is in the process of getting changed to his - a dead beat dad. its an ego thing and he thinks by her having his last name it makes him "more of a dad" the judge didnt care that shes a year old and has never paid child support, boughten diapers, or even seen her but 3 times when she was born. I guess thats what i get for not having a lawyer at our first appearance, but even now my lawyer put a hold on the name change but told me it doesn't look very good for me that it will be changed back to my lastname. best advice have a lawyer your very first court date and DONT go alone! good luck!
I can't emphsize enough that even if it is a boig hassle to fill out all the paperwork for legal aid etc or beg someone to help you, you have got to have a lawyer when you are in court; it is NOT like judge judy where you get to just stand there and talk until someone says shut up.
Please have alawyer
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