Changing a child’s name is a significant decision that carries both emotional and legal weight. At Hobson & Hobson, P.C., our Atlanta family law attorneys frequently guide parents through this complex process while protecting their parental rights and their child’s best interests.

When Can a Parent Legally Change a Child’s Name in Georgia?

In Georgia, both parents generally must consent to a child’s name change if they share legal custody. Exceptions exist when:

• One parent has sole legal custody
• The non-consenting parent has abandoned the child
• A court determines the change serves the child’s best interests

The process requires filing a petition in your local Superior Court (Georgia Code § 19-25-1). Courts prioritize stability in a child’s identity, particularly for older children who’ve used their current name extensively.

Key Requirements for Child Name Changes

Special considerations apply for children born out of wedlock. If paternity hasn’t been legally established, the mother may have sole naming rights until a court orders otherwise.

The Name Change Process: 4 Essential Steps

1. File a Petition. Submit documentation including birth certificates and custody orders to the Superior Court.
2. Serve Notice. Legally notify all interested parties, including the other parent (unless rights are terminated).
3. Attend Hearing. Present evidence showing the change benefits the child. Our child custody attorneys help prepare compelling arguments.
4. Obtain Court Order. If approved, use the decree to update all legal documents including Social Security records.

When Parents Disagree: Resolving Conflicts

In contested cases, courts examine:

• The child’s relationship with each parent
• Reasons for the proposed change
• Potential emotional impact
• Child’s preference (if age-appropriate)

A 2021 CDC study (source) shows 34% of children experience parental separation, making name changes a common post-divorce issue. Our divorce lawyers often negotiate naming agreements as part of settlement discussions.

Special Circumstances in Name Changes

Adoptive Situations Georgia allows name changes during adoption proceedings. The process differs for:

• Stepparent adoptions
• Relative adoptions
• Agency adoptions

Paternity Disputes If parentage is contested, resolve paternity issues first through legal establishment before pursuing name changes.

Safety Concerns Courts may waive notification requirements if the change protects a child from harm, such as in domestic violence cases.

Long-Term Implications to Consider

• Educational Records: Requires updates with schools and testing agencies
• Medical History: Critical for maintaining accurate health records
• Identity Documents: Passports, Social Security cards, and birth certificates
• Emotional Impact: The American Psychological Association (APA) recommends age-appropriate discussions

FAQ: Child Name Changes in Georgia

Can I change my child’s last name after divorce? Yes, but generally requires both parents’ consent or court approval based on best interests.

What if the other parent refuses? File a petition demonstrating why the change benefits the child despite the objection.

How long does the process take? Typically 2-3 months if uncontested. Complex cases may take longer.

Can we revert to the original name? Yes, through the same legal process, though courts scrutinize frequent changes.

For personalized guidance on whether a parent can change their child’s name in your specific situation, contact Hobson & Hobson, P.C. at (770) 284-6153 or visit our Marietta family law office. Our attorneys combine 30+ years of experience with compassionate counsel to protect your family’s future.

Sources: Georgia Courts, American Bar Association, U.S. Department of Health

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.