[Rita Mae]

A few months ago, when I first discovered this forum, I read a response of a mom from Georgia. I wish I could remember her name so I could thank her personally, but I can't.

Anyway, she replied to someone who was asking how to do a "last name" name change. For two years I had been told I needed the consent of the biofather. Even though I had no way of finding biofather, I still could not do it without consent.

Luckily I fell upon the reply from the "lady from Geogia." What she said to do was to go down to the court house and request a name change. If biofather cannot be found a public notice will be placed in the newspaper. If biofather does not contest, BAM you've got the name change. I think her exact words were "It's easy! All you do is. . . " And she's right. It was even easier for me. After I told the judge the story he did not even bother to post the notice. Thinking I would be involved in a long drawn out process, it took only about 20 minutses.

So whoever you are, I thank you very much. After being married for 2 years and having different names, our family is that much closer to completing a step-parent adoption.

[freezegirl]

Could you please tell me more about this name change process?

[Rita Mae]

What questions do you have? It was pretty easy what I went through although I did have to spend quite a long time on hold with different agencies in order to find the right person to talk to. It turned out it is district cout that handles it. I kept being referred back to civil (family law). Hopefully I can save you the runaround.

[freezegirl]

I'm curious as to what you have to do to have the name change done.
Do you just walk in there and say "I wanna change my sons lastname" ?

[Rita Mae]

Pretty much. I would call first just to make sure you show up at the right time. You might even need to make an appointment.

[freezegirl]

Thank you so much.
How much does it cost?
Guess I'm going to the court house tomorrow!

[Rita Mae]

It cost me around $40. I can't remember exactly. But it was a $40 well spent. I wish you luck.

[freezegirl]

Thank You! Thank You! Thank You!

[supermom]

What if the father has legally abandoned the child, but his rights have not been terminated? He is still around, but makes no contact. I go to court soon to "reset" visitation. He may show up for that, but it has been 2 years. Do you think I can have the name changed? We were never married either.

[Rita Mae]

In my situation I did not know where the biodad was. Pretty much he did not have a hance to contest. If I did know where he was, I'm sure he would have contested and I would not have been able to do it. When I initially called around two years ago (when I did know where he was) I told the court he had abandoned his child and I would like to change my childs last name. I was told it did not matter if he had abandoned his child or not. He was still the biological father and his signiture was REQUIRED if I wanted to change my childs last name. At that point I gave up feeling defeated. Two years later, as you can read in my earlier posts, and in the mean time lost all contact with biodad, I found out you can just post a public notice in the paper.

I hope I have answered your question. Good luck.

[supermom]

Was the former last name your's or the father's? My son has his bio father's last name. Also, do I need to change it to my maiden or married name?
Thanks for your help!

[freezegirl]

This is getting interesting.

My case is that my sons lastname isn't my maiden name, my married name, or the biofathers lastname.
Stupid me gave my son my husband at the times lastname.
When he and I divorced we had to have a DNA test done to prove to the court he wasn't my husbands (for child support reasons).
So I have DNA test saying...the guys who is on your sons birth certificate listed as the father...is not his father.
Is this going to make it harder for me?
Basically my son is living with the lastname of just some guy.
Not my name, biofathers, or my maiden name.

[Rita Mae]

My child had a hyphenated last name: my maiden name-biodads last name. Although soon afer his abandonedment I had stopped using the second half of my childs last name. I believe you would be able to change your son's last name to whichever you want. You'd probably just need to tell the judge why you want to change it. When I did it, I told the judge I wanted my child to have the same last name as the rest of her family (my husband and I have since had a second child).

To comment to Freezgirl's reply:
I wouldn't know what to do in your situation. Although, if I remember right, it was who was listed on the birth certificate that has to sign a consent. In any case, I would just call the court house till I found out. And it may take a couple of phone calls. I spent over two hours (on hold, being transfered, repeating my story) on the phone trying to find out exactly what to do. So if I had to give a bit of advice, I would say: "Don't give up even if someone tells you it can't be done. Call someone else till you can find out what you want." If I would have done that, I would have completed the name change 2 years ago.

[freezegirl]

Again, THANK YOU for your advice!
I guess Monday morning I will be on the phone. This morning I had out the phonebook ready to get started but you know how it goes with 2 kids around the house....one thing leads to another and it doesn't get done!

Well if the case is that whoever is listed as father on the birth certificate needs to give consent....it shouldn't matter in my case since there was a DNA test to prove he isn't the father.
Hopefully all goes well!

[Rita Mae]

Wish you the best! Let us know how it goes!