There are several reasons one might wish to change your own name or that of a child. Married women who get divorced revert to their maiden name (this is usually done as part of the divorce). A child’s name can be changed after adoption. A child’s name can also be changed by filing a Petition of Name Change to change his or her name to that of his or her stepfather, custodian or guardian. Or someone may simply not like his or her name and wish to change it to something more appealing. Given some of the ridiculous names, parents give their children today; this may become more common in the future.
The procedure for changing one’s name or the name of a child is set forth in O.C.G.A 19-12-3 and is as follows. You must present a petition to the superior court of the county of the petitioners or the child’s residence, stating the reasons for the name change. Within seven days of the filing of the petition, the petitioner must have a legal notice of name change published in the official newspaper of the county once a week for four weeks (for example if you lived in Ringgold you would publish in the Catoosa County News for four weeks). The notice must contain the name of the petitioner, the name of the person whose name is to be changed if different from that of the petitioner, the new name desired, the court in which the petition is pending, the date on which the petition was filed, and the right of any interested or affected party to appear and file objections.
Of course, in all cases, before a child’s name can be changed, the parents of the child must be served with a copy of the petition. Furthermore, the written consent of the parents must be filed with the petition, except that the written consent of a parent is not required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of the petition.
If a written objection is filed to the name change within the specified time limitations, the court will entertain such objections. In cases involving the changing of a child’s name, Georgia courts have ruled that the petitioner has the burden of proof on the issue of the best interest of the child as regards a name change. Tolbert v. Tolbert, 131 Ga. App 388, 206 S.E.2d 63 (1974). A court had broad discretion in deciding whether to grant a request to change a child’s name. The standard in determining if a name change is granted is the child’s best interests, welfare and happiness. Johnson v. Coggins, 124 Ga.App. 603, 184 S.E.2d 696 (1971).
However, Georgia law forbids a person to change his or her name for purposes of fraud. For example, to avoid creditors or to throw off law enforcement from your trail. The Georgia courts have also denied the petition of a prison inmate to change his name following his conviction and incarceration for forgery because the name change might cause confusion, and allow the convicted man to disassociate himself from his criminal record. In re Parrott, 1990, 194 Ga.App.856, 392 S.E.2d 48.
If the court does grants the name change the clerk of court can then issue a certificate of name change under the seal of the court. You can also request a new birth certificate to be issued.
Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice. You should always consult an attorney before taking legal action. Reading this website or any website is not a substitute for a trained attorney. This website does not create an attorney-client relationship between you and Shawn Bible Law Firm. Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, and the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.