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Name change because parent not visiting child



 
 
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  #1  
Old November 7th 06, 05:36 PM posted to alt.child-support,alt.support.divorce
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Default 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.

  #2  
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

  #3  
Old November 7th 06, 06:01 PM posted to alt.child-support,alt.support.divorce
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Posts: 4
Default 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.

  #5  
Old November 8th 06, 01:16 AM posted to alt.child-support,alt.support.divorce
DrLith
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Posts: 5
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.


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."
 




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