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Old November 7th 06, 05:47 PM posted to alt.child-support,alt.support.divorce
ghostwriter
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Posts: 54
Default 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