Legal Question in Family Law in Georgia

I'm married and just had a baby. I gave him my last name. Now my husband wants to change the last name to his. Can he do this without my consent? He's the father listed on birth certificate. We live in Georgia.

Asked on 11/06/13, 6:24 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

No, the name can only be changed by a Superior Cour Judge. If things progress to that point, and you can't reach an agreement, you probably need a divorce lawyer. A suggestion to save your marriage: why not agree to a hyphenated name and hire a lawyer to do an uncontested name change?

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Answered on 11/06/13, 6:39 pm

Tahira Piraino Tahira P. Piraino

If your husband signed the birth certificate, which I assume he did, he should have challenged the name at that time. A birth certificate cannot be changed without a court order. I suggest you and your husband discuss this. I think Mr. Ashman's suggestion of hyphenating the name is a good suggestion. The Court may not consider changing a child's name if the child is older and the name is established at school, church, etc. and the child is known by that name with his peers. However, since you are dealing with a baby, you risk the name being changed to your husband's last name or possibly hyphenated if you object. I would try to work it out and meet with an attorney to do the uncontested name change. If you cannot agree, your husband can file for the name change and you can contest it. I can't imagine what a contested litigation would do to your marriage. You may want to let your husband know it will cost money to change the name, even if it is uncontested. The filing and publication fees are not cheap.

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Answered on 11/07/13, 5:19 am

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