Georgia Change Name Minor Form – Fill Out and Use This PDF

Superior Court of Cobb County

INSTRUCTIONS FOR

NAME CHANGE OF MINOR CHILDREN

WHAT THIS FORM DOES NOT DO:

The legal procedure of a name change does not change the legal status of the child or the father in any way.

If you are the father of a child born out of wedlock, and you want to become the legal father, you must use a different procedure called “Legitimation.” The Cobb County Law Library has the forms for that procedure as well. You may change the child’s name in the Legitimation action, and do not have to file a separate name change petition.

If you are a mother or father who wants to have a court decide who is the child’s father, you must file a Paternity action.

If you are the natural parents of a child born out of wedlock in Georgia, and you have not married each other and want to change the child’s birth certificate to show the father and change the child’s name, you do not have to file a court action. Instead, you may file a simple form with the Georgia Bureau of Vital Records. This form is called Application for an Amended Certificate of Birth by Legitimation (form # 3929), and it is available from the Vital Records Office.

WHAT IS THE LAW ABOUT CHANGING NAMES IN GEORGIA?

Court cases that are only about changing names are covered by Official Code of Georgia Sanctions 19-12-1 through 19-12-4 and 31-10-23(d). Other court cases can also include name changes as part of the case. These include legitimations, paternity actions, and divorces. Each of these actions has its own part of the Official Code of Georgia, and is not included in this packet of forms.

GENERAL COMMENTS

It is a good idea to talk to a lawyer before filing any court action. This name change is no exception to that rule. There are often more issues involved than you might realize if you fail to get legal advice. If you do talk to a lawyer before filing this action, it is a good idea to review the forms and instructions in this packet before you talk to the lawyer, so that you will be able to make the best use of time with the lawyer.

State law, O.C.G.A. § 15-19-51, prohibits court personnel (including staff attorneys, law clerks, calendar clerks, Clerk’s Office staff, and Sheriff’s Department staff) from giving legal advice or answering legal questions. This rule also applies to the Cobb County Law Library.

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Superior Court of Cobb County

FORMS INCLUDED IN THIS PACKET:

(1)Petition to Change Name of Minor Child(ren) – (4 pages)

(2)Verification of Name Change Petition – (1 page)

(3)Consent to Change Name(s) of Minor Child(ren) & Acknowledgment of Service – (2 pages; 2 copies of each)

(4)Notice of Petition to Change Name(s) of Minor Child(ren) – (1 page)

(5)General Civil Case Filing Information Form – (1 page)

(6)Final Order Changing Name(s) of Minor Child(ren) – (2 pages)

(7)General Civil Case Final Disposition Information Form – (1 page)

(8)Sheriff’s Return of Service Forms – (one for each person to be served by the Sheriff)

BASIC STEPS FOR NAME CHANGE OF MINOR CHILD(REN):

DETAILED INSTRUCTIONS FOR NAME CHANGE OF MINOR CHILD(REN):

The rest of these instructions tell you how to fill out each form and complete each step of the process to complete your name change. Please read these instructions and each form very carefully. Missing or misreading a word could cause you to make serious errors in your case, causing confusion and delays, and even causing the Court to deny the name changes you are requesting.

You must type or print in black ink on any forms you will file in Cobb County Courts.

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Superior Court of Cobb County

Caption (Heading):

Type or print the current names of the minor child(ren) on the blanks provided (to the left of the vertical line). Fill in your name on the blank for the Petitioner. If you are one of the parents, list the other parent as the Respondent. If you are not one of the parents, but are a guardian, fill in the name(s) of the child(ren)’s living parent(s) as the Respondents. If the child(ren) do(es) not have any living parents, then leave the Respondent’s line blank. Do not fill in the Civil Action Case Number. The clerk will assign a number to your case when you file your Petition in the Clerk’s Office.

Paragraph 1: Name and Residency

Type or print your name on the blank in this paragraph.

Paragraph 2: Relationship to the Child(ren)

Check the box next to the word that describes your relationship to the child(ren). Only people who have a legal relationship (that is, parents and guardians) can change the name of a minor child.

Paragraph 3: Names and Birthdates of Child(ren)

Fill in the current name, date of birth, and proposed new name for each child on the chart in this paragraph. Spell the current name exactly as it appears on the child’s birth record (including any middle names). Spell the name exactly as you want it to appear on the birth certificate. For example, if your children’s names are Mary Smith and John Henry Smith, and you want to change them to Mary Jones and John Henry Jones, it would look like this:

Paragraph 4: Child(ren)’s Residence

If the child(ren) live(s) with you in Cobb County, check the first box.

If the child(ren) do not live with you, check the second box. Then, fill in the blanks with the names of the parent or guardian living with the child(ren), and where they live.

Paragraph 5: Reasons for Name Change

Explain your reasons for the name change in this section. The court needs to know why the name change would be in the best interests of the child(ren). Be clear and reasonably complete, but keep it short.

Paragraph 6: Mother’s Name and Address

Fill in the name of the child(ren)’s mother and her address. However, if the mother is living in a shelter for victims of family violence, do not list the address of the shelter. Instead, on the space for the address, list only the name of the shelter and the state where it is located.

Then, check one of the boxes. If you are the mother, check the first box (because you will consent to the name change). Otherwise, check the box that applies to the child(ren)’s mother.

Note: If none of the statements next to the boxes applies to the mother in this case, then you cannot do the name change. This is because the law requires that both parents consent to the name change, unless they are deceased, have abandoned the child(ren), or have not contributed to the child(ren)’s support for at least the past five (5) years in a row.

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Superior Court of Cobb County

oService by Publication

Check box d if you want to serve a parent or guardian by publication. You can only use this method of service for people you cannot find, after making a diligent search. Service by publication requires additional paperwork including an Affidavit of Diligent Search and other forms.

Finishing this Petition

Sign your name in the space provided on the last page, and add the date on which you are signing the Petition. Write your address and daytime telephone number where Court staff can reach you, if necessary. However, if you are living in a shelter for victims of family violence, do not list the address of the shelter. Instead, on the space for the address, list only the name of the shelter and the state where it is located. Do not even fill in the name of the county. If your address should be kept confidential because of family violence, do not write that address here. Instead, you should write another address here, where you can be sure that you will receive any information that is mailed to you by the court.

STEP 1(B): VERIFICATION

The Verification form must be filed with the Petition to Change Name(s) of Minor Children. Fill out the caption in the same way you filled it out in the Petition. Then, insert your name in the space after the words, “My name is.”

Before you sign this Verification, remember that you will be swearing under oath that the information you have provided in the Petition is true. Therefore, you should re-read the Petition one more time, from start to finish, to make sure it is all true. Do not sign it until you are in front of a notary public. The notary must complete the rest of the Verification form after you sign it under oath.

STEP 1(C): CONSENT & ACKNOWLEDGMENT FORM

There are two copies of this form in your packet. One is for the mother and one is for the father. You will need to make a third blank copy, if both parents are consenting and there is also a guardian who is consenting (who is not a parent).

Caption (Heading):

Fill out the caption in the same way you did it on the Petition.

Paragraph 1: Your Name, Address, and Relationship to the Children

Type or print your name and address on the blanks in this paragraph. If you live in a family violence shelter, do not list the address of the shelter. (See notes above on pages 4 and 5). Check the box next to the word that describes your relationship to the children.

Paragraph 2: Petitioner’s Name; Names and Birthdates of Children

Type or print your name on the first blank in this paragraph (near the bottom of page 1 of the form). Then, fill in the current name, date of birth, and proposed new name for each child on the chart in this paragraph, just as you did in paragraph 3 of the Petition.

Signature

Do not sign this form until you are in front of a notary public. When you sign, check the box under your signature that describes your relationship to the children.

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