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[email protected] November 7th 06 06:36 PM

Name change because parent not visiting child
 
I have the sole physical custody of my minor child with the father
having the usual visitaion rights. I am a citizen of state of Georgia.
The father does provide child support. But he refuses to have any
relationship with his son. In these circumstances, it is very traumatic
for my child to bear his father's last name when he has never seen him.
Can I change his last name to my last name without the father's
approval. Since the father hasn't visited my child in over an year, can
this be considered abandonment. And can abandonment be a reason enough
for me to file for name change of my son. At the same time I do no want
to lose child support. Please suggest avenues for his name change.
Thanks in advance.


ghostwriter November 7th 06 06:47 PM

Name change because parent not visiting child
 

wrote:
I have the sole physical custody of my minor child with the father
having the usual visitaion rights. I am a citizen of state of Georgia.
The father does provide child support. But he refuses to have any
relationship with his son. In these circumstances, it is very traumatic
for my child to bear his father's last name when he has never seen him.
Can I change his last name to my last name without the father's
approval. Since the father hasn't visited my child in over an year, can
this be considered abandonment. And can abandonment be a reason enough
for me to file for name change of my son. At the same time I do no want
to lose child support. Please suggest avenues for his name change.
Thanks in advance.


That would depend on your individual state, but I find it hard to
imagine the court allowing any father off the hook for child support
for any reason other than adoption. Generally the courts want a child
to have the benifits of two adults providing for them reguardless of
the personality issues between the two adults.

If he contests the name change you likley would have to provide
evidence that it is in the childs best interest. Some courts assume
that a fit parent's decision is by definition in the child's best
interest and some require more substantial proof.

You might find out before filing (and before telling your ex) what the
requirements are and what documents he could use your name on without
crossing the line.

This is not legal advice, if you want legal advice talk to a lawyer.
etc. etc. etc.

Ghostwriter


[email protected] November 7th 06 07:01 PM

Name change because parent not visiting child
 
Thanks Ghost writer. I live in Georgia.

My ex and I do not have personality issues or anything. He just doesnt
want to do anything with his son because he choses not to tell the
world (and his girlfriends) that he has a son. I dont have a problem
with it...we are divorced now. But I am concerned about this name thing
affecting my child who feels strange because he has never met this
person who shares his last name. It's just sad.


ghostwriter November 7th 06 09:00 PM

Name change because parent not visiting child
 

wrote:
Thanks Ghost writer. I live in Georgia.

My ex and I do not have personality issues or anything. He just doesnt
want to do anything with his son because he choses not to tell the
world (and his girlfriends) that he has a son. I dont have a problem
with it...we are divorced now. But I am concerned about this name thing
affecting my child who feels strange because he has never met this
person who shares his last name. It's just sad.


Personally, if you have the money an hour with an attorney would be
best. If not I would likley file for the name change since he doesnt
really seem to care.

I cant imainge a way that a judge could use to make that sufficient
reason to terminate child support and I suspect that the judge would be
very annoyed if your ex tried that tactic. But judges dont necessarily
need reasons so thats why I suggest seeing the lawyer.

If your ex allows the name change it would be an admission that he
wants nothing to do with his son, but his financial obligations have
nothing to do with his failure to meet personal obligations to his son.

Ghostwriter


DrLith November 8th 06 02:16 AM

Name change because parent not visiting child
 
wrote:
I have the sole physical custody of my minor child with the father
having the usual visitaion rights. I am a citizen of state of Georgia.
The father does provide child support. But he refuses to have any
relationship with his son. In these circumstances, it is very traumatic
for my child to bear his father's last name when he has never seen him.
Can I change his last name to my last name without the father's
approval. Since the father hasn't visited my child in over an year, can
this be considered abandonment. And can abandonment be a reason enough
for me to file for name change of my son. At the same time I do no want
to lose child support. Please suggest avenues for his name change.
Thanks in advance.


How old is your son? Unless I'm reading you wrong (first you say the
father has "never seen him," but then say the father hasn't visited "in
over a year"), your son must still be a baby. If that's the case, it's
both too early to tell whether it will be "traumatic" for your child to
bear his father's last name and whether the father will continue to be
estranged for the rest of the child's life. Especially if the father is
not very mature, he may come to realize the importance of a father-son
relationship as time passes.

If you still decide you want to change his last name, you'll have to
pursue the matter in court. You can petition for a name change for any
reason, but the judge will weigh the various factors involved and decide
"in the best interests of the child."

Temily November 8th 06 02:37 AM

Name change because parent not visiting child
 

wrote:
But I am concerned about this name thing affecting my child who feels strange because he has never met this person who shares his last name. It's just sad.


Seems to me that if you get the papers to change his name (the father
will need to sign) and the father objects then there'd be good reason
to open the case for him paying C-S. If he doesn't care about being his
father, perhaps he won't care that his son has his name changed by deed
poll.

I've had a few students in the past who have been known at school under
their preferred name, (ie their preferred name was on their books,
labelling etc) but use their legal name for legal things.

Temily


shinypenny November 8th 06 04:07 AM

Name change because parent not visiting child
 

wrote:
I have the sole physical custody of my minor child with the father
having the usual visitaion rights. I am a citizen of state of Georgia.
The father does provide child support. But he refuses to have any
relationship with his son. In these circumstances, it is very traumatic
for my child to bear his father's last name when he has never seen him.
Can I change his last name to my last name without the father's
approval.


Why would the father not approve, if, as you claim, he wants nothing to
do with your son?

That makes no sense.

jen


Rog' November 8th 06 04:28 AM

Name change because parent not visiting child
 
wrote:
I have the sole physical custody of my minor child with the father
having the usual visitaion rights. I am a citizen of state of Georgia.
The father does provide child support. But he refuses to have any
relationship with his son. In these circumstances, it is very traumatic
for my child to bear his father's last name when he has never seen him.
Can I change his last name to my last name without the father's
approval.


Georgia law would appear to allow you to excuse the consent of the
other parent if the court accepts the abandonment allegation. But the
petition would have to be served on the other parent who would have
an opportunity to respond and be heard on the issue. He may choose
not to contest it. Check out this petition form that I found on the net:
http://www.ilrg.com/forms/namechange-minor/us/ga =R=



Nearl J Icarus November 8th 06 07:07 AM

Name change because parent not visiting child
 
says...

with it...we are divorced now. But I am concerned about this name thing
affecting my child who feels strange because he has never met this


Where do these 'feelings' come from? Mom refused to visit anybody of my Dad's
side of the family because "they don't visit us." I kinda thought that
somebody has to start. What if they don't visit because we don't?


Chris November 8th 06 07:45 AM

Name change because parent not visiting child
 

"Temily" wrote in message
ups.com...

wrote:
But I am concerned about this name thing affecting my child who feels

strange because he has never met this person who shares his last name. It's
just sad.

Seems to me that if you get the papers to change his name (the father
will need to sign) and the father objects then there'd be good reason
to open the case for him paying C-S. If he doesn't care about being his
father, perhaps he won't care that his son has his name changed by deed
poll.

I've had a few students in the past who have been known at school under
their preferred name, (ie their preferred name was on their books,
labelling etc) but use their legal name for legal things.


Exactly. All they have to do is use whatever name they choose; obviously the
mother's name. What's the big deal?


Temily





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