We moved to Georgia from Wisconsin a year ago with the court permission. I was granted full legal custody of my child. The father cannot have any contact with me or my child or know the location of our residence. I have been married to my second husband for over 7 years, and my husband is the only father my child knows and keeps asking to have his last name. How do I change the child's last name, if I have no contact with biological father? He is currently under probation and waiting to go to another hearing for repeated stealing.
While you can file a petition to just change the child's name, another avenue to consider would be for your husband to file for step parent adoption. That would not only change the child's name, but also show your husband's name as the legal father, and terminate all rights of the biological father permanently. If this is something you wish to consider, contact a family law attorney who handles step parent adoptions in your county of residence.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
A stepparent adoption would be the best way for you to go here. That would create the parent/child relationship between your husband and your child, and it would terminate the parental rights of the natural father. An adoptive birth record can also be ordered after the decree is entered in GA from your old home state of Wisconsin, to change the child's name. You should consult an attorney that handles adoptions.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
I agree with the others. A step parent adoption may be your best option and best for your child. Best of luck!
I agree with my colleagues you can either do a name change through superior court and simply change the child’s name or you can take it a step further and file a petition for a step parent adoption, if you go this route, I would suggest hiring an experienced adoption attorney for this.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer alone and you should always consult your own attorney in order to obtain legal advice.
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