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The Georgia Change Name Minor form is a crucial legal document designed for parents or guardians seeking to change the name of a minor child. This form serves several important functions, allowing individuals to navigate the name change process while adhering to state laws. It is essential to understand that this procedure does not alter the legal status of the child or the parents involved. For example, if a father wishes to establish legal paternity for a child born out of wedlock, a different process called “Legitimation” must be followed. Additionally, if a mother or father needs a court to determine paternity, a separate Paternity action is required. The form includes several key components, such as a petition, verification, consent forms, and a notice of the petition, all of which must be completed and filed with the Superior Court. The instructions emphasize the importance of obtaining legal advice before proceeding, as there may be complexities that require professional guidance. Furthermore, specific steps must be followed, including serving notice to other parents or guardians, which ensures that all parties are informed of the name change request. This article will delve deeper into the intricacies of the Georgia Change Name Minor form, exploring its requirements, associated legal considerations, and the step-by-step process necessary to successfully change a minor's name in Georgia.

Sample - Georgia Change Name Minor Form

Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 1 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
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.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 2 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
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):
STEP 1: Fill out the Petition, Verification, Consent, and Acknowledgment, Notice, and Case Filing
Information forms. Sign the forms in front of a notary public. (Save the Final Order and Case
Disposition Information forms for later, when you have your final hearing).
STEP 2: Have one of the Consent & Acknowledgment forms completed and signed in front of a notary
public by each of the other parent(s) and guardian (if any), unless one of the exceptions applies.
STEP 3: Make copies of all the forms.
STEP 4: File forms at the Superior Court Clerk’s Office.
STEP 5: Arrange for publication of the Notice in The Marietta Daily Journal..
STEP 6: Arrange for service on all parents and guardians (if any), unless they have signed the Consent and
Acknowledgment form.
STEP 7: Wait the required time, and prepare the forms for the final hearing.
STEP 8: Schedule and attend the final court hearing.
STEP 9: File the Final Order and get a certified copy of it.
STEP 10: (Optional) Change birth certificate(s).
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.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 3 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
STEP 1(A): PETITION TO CHANGE NAME OF MINOR CHILD(REN)
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:
Current Name of Child Date of Birth Proposed New Name
Mary Smith 1-20-86 Mary Jones
John Henry Smith 12-13-90 John Henry Jones
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.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 4 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
Paragraph 7: Father’s Name and Address
Fill in the name of the child(ren)’s father, and his address. However, if the father is living in the 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 father, check the first box (because you will consent to the name
change). Otherwise, check the box that applies to the child(ren)’s father.
Note: If none of the statements next to the boxes applies to the father 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.
Paragraph 8: Guardian’s Name and Address (if any)
If the children do not have a legal guardian (other than their parents), check the first box.
If both of the parents are deceased or have abandoned the child(ren), and the child(ren) have a guardian, check the
second box. However, if the guardian 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.
Final Paragraph: Request for Relief and for Service on Parents and Guardians
o Request for Name Change
This part applies in all cases, so there is no box to check on this one.
In all name change cases, if the parents are alive, they must be properly served with the Petition. If the
children live with someone acting as guardian who is not their parent, then the person acting as guardian
must also be served. According to the statute, service can be done in four possible ways, which are
explained in more detail in step 6 below. The easiest way to serve them is for them to sign the form called
Consent to Change Name(s) of Minor Child(ren) & Acknowledgment of Service.
If they are not going to sign the Consent & Acknowledgment form, you must check the boxes in (b), (c),
and (d) of this final section of the Petition, showing how you plan to have each parent and guardian served.
When you do have to check any of the service boxes (if both parents have signed the Consent &
Acknowledgment form), then you do not need to check any boxes about the mother or father in (b), (c), or
(d). If the children do not have a person acting as guardian (other than their parents), or if that person has
signed a Consent & Acknowledgment form, then you do not need to check any of the boxes about the
guardian in (b), (c), or (d).
o Service by Sheriff
Check box b if you need to have the sheriff serve either a parent or a person acting as a guardian. This is
the type of service required in most cases.
o Out-of-State Service
Check box c if you will serve a parent or guardian by certified mail. You can only use this method of
service for people who live outside the State of Georgia.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 5 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
o Service 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.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 6 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
STEP 1(D): NOTICE
On the first blank in the main part of the form, fill in your name. On the appropriate blanks, fill in the date you are
filing the Petition. On the lines on the left side, fill in the current names of the minor children. On the lines on the
right side, fill in the proposed new names of the minor children. At the bottom, fill in the date you are signing the
form, and sign your name on the blank provided. Print or type your name and address on the lines below your
signature. Make sure your address is complete, so The Marietta Daily Journal can send you the proof of
publication.
STEP 1(E): NON-DOMESTIC GENERAL CIVIL CASE FILING INFORMATION FORM
Caption (Heading):
This is located on the top left portion of the form. Do not fill in the Case number and Division. The clerk will do
that when you file the case. On the lines just underneath the Case Number, type or print the caption of the case, just
as it appears on the Petition.
Plaintiff’s Information
This is located on the top right portion of the form. Type or print your current name, address, and telephone number
on the spaces provided.
Defendant’s Information
This is located on the right side of the form. Leave this section blank.
Type of Case and Origin:
This is located in the boxes in the center of the form. Check the box next to “Name Change.” In the area labeled
“ORIGIN,” check the box or “Original Proceeding.”
Related Cases
This is located at the bottom section on the form. If there have not
been any other cases in this court about you,
leave this section blank. Just sign your name at the bottom and fill in the date.
However, if there have been
other cases about you in the Superior Court of Cobb County (for example, divorce,
child support, criminal cases, TPO), then you must fill in this section. To complete this section, fill in the name of
the Judge and the Case Number of the other case. Check the box next to the words “Same issue of fact or grows out
of the same transaction.” Then, sign your name at the bottom and fill in the date.
STEP 1(F): NOTARY PUBLIC
After you fill out all of the forms, review them to make sure they are complete and accurate. Then, take them to a
notary public and sign them in front of the notary.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 7 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
STEP 2: SIGNED CONSENT & ACKNOWLEDGMENT FORMS
Each
of the parents has to sign one of the Consent & Acknowledgment forms, unless one of the following exceptions
applies:
o The parent is deceased, OR
o The parent has abandoned the children, OR
o The parent has not contributed to the support of the children for a continuous period of at least 5 years
immediately before you file the Petition.
If both parents are deceased, or have abandoned or failed to support the children, then the person acting as guardian
must sign the Consent form. If only one of the parents fits one of the exceptions, then that parent does not have to
sign a Consent form, but the other parent must sign one.
On each of the Consent to Change Name(s) of Children & Acknowledgment of Service forms that will be signed by
others, complete them as follows:
Caption (Heading):
Fill out the caption in the same way you filled it out on the Petition.
Paragraph 1: Name, Address, and Relationship to the Children
The parent or guardian signing the form should fill in their name and address on the appropriate blanks, and then
check the box showing their relationship to the children.
Paragraph 2: Petitioner’s Name, Names, and Birthdates of the Children
Type or print your name on the first blank in this paragraph (near the bottom of page 1). 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 this Petition. Be sure to spell the old names exactly as they appear on the current birth certificates,
and the new names exactly as you want them to be on the new, amended birth record.
Signature
You cannot sign this form. The parent or guardian must sign it, but not until they are in front of a notary public.
They should also check the box that describes their relationship
to the children.
STEP 3: COPYING
Check to make sure you have completed all of the forms needed and that they have all been signed (in front of a
notary, where necessary). (Check page 2 of these instructions for a list of all of the needed forms). Then, make one
copy of each of the forms for each parent and guardian, with one copy of every form in each set. Clip each set with
a paper clip.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 8 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
STEP 4: FILING
Take all of the sets of forms to the Cobb County Superior Court Clerk’s Office to be filed. There is a court filing fee
for a name change action (the exact amount can be obtained from the Clerk’s Office). You will also have to pay a
separate fee for The Marietta Daily Journal to publish the notice of name change. These fees can be paid by cash,
check, or money order. Be sure to bring a form of payment with you to the Clerk’s Office, and remember that the
two fees will have to be paid separately.
Note: If you have a low income and feel that you cannot afford to pay these fees, you can ask the Court
to waive the court filing fee (but not the publication fee). To do this, you should file Poverty
Affidavit and Order on Poverty Affidavit forms along with your other forms that you have taken to
the Clerk’s Office. A judge must sign the Order approving the Poverty Affidavit, before the filing
of your case can be completed by the Clerk’s Office staff. If the judge signs the order of approval,
your filing fee is waived and the case will proceed. If the judge does not approve your Poverty
Affidavit, you must pay all fees before you case will proceed.
Tell the clerk if there have ever been cases about you in this court so that the case can be assigned to the proper
judge. If you paperwork is complete, the clerk will keep the originals for the Court’s file. Once your fees have been
paid or a Poverty Affidavit has been approved by the judge, the clerk will write the case number on the top of the set
of your copies, stamp them, and return them to you. Keep these copies for your records. Ask the clerk which judge
has been assigned to the case, and get the name and phone number of that judge’s calendar clerk.
Unless you filed Consent & Acknowledgment for each parent a guardian, you must also arrange service. The other
copies of your papers will be used in service. In addition, you need to arrange for publication of the Notice.
STEP 5: PUBLICATION OF NOTICE
Publication is required in all name change cases, even if all parents and guardians have consented and
acknowledged service. While filing your case at the Clerk’s Office, give the clerk the Notice and payment for the
publication fee (check or money order) made out to The Marietta Daily Journal.. The Clerk will forward the
Notice and payment to The Marietta Daily Journal. .
You should receive a Publisher’s Affidavit from The Marietta Daily Journal after the Notice has been published for
four weeks. Keep it with your other court papers related to this name change case. You will need this document at
your final hearing in order to show the judge that the notice was published.
STEP 6: SERVICE
Service is the required formal process of notifying the parents and guardians that the name change case has been
filed. There are four ways for service to be completed: (1) the parent or guardian signs an Acknowledgment of
Service, (2) service by the Sheriff’s Department or other approved process server, (3) by certified mail, or (4) by
publication.
Service by Acknowledgement of Service
This is the easiest and least expensive method, but only if
the parent or guardian is cooperative and willing to sign
an Acknowledgment of Service form in front of a notary public. You cannot sign for them, and you cannot sign as
the notary witnessing their signature, nor is it good enough for them to sign without the signature being witnessed by
a notary public. In this packet, the Acknowledgment of Service is combined with the Consent to Change Names.
See step 2 above for the instructions about this form.
So long as every parent and guardian (if any) signs a Consent and Acknowledgment form, no other type of service is
required in your case. However, if any parent or guardian does not sign this form, then that parent or guardian must
be served by one of the methods explained below.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 9 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
Service by Sheriff’s Department
This is the usual way for service to be completed (if an acknowledgment is not signed). It is sometimes called
“Personal Service,” which means that the deputy sheriff or other court-approved process server hands the papers to
the parent or guardian in person. The forms provided by the Superior Court of Cobb County do not include the
special motion and order required to have a special process server appointed. Therefore, if a parent or guardian will
not sign an acknowledgement, and you know (or can find out) an address where the person can be served, you
should make arrangements for the Sheriff’s Department to serve the papers.
If the parent or guardian can be served in Cobb County, then the Cobb County Sheriff’s Department can serve the
papers. You may pay the service fee at the Clerk’s Office when you file the case, and leave the service copy of the
papers with the clerk. The clerk will forward your payment and legal documents to the Sheriff’s Department for
service.
Note: If you prefer, you may take the fee and service copy of the papers directly to the Sheriff’s
Department yourself (after you have completed Step 5 above). The Sheriff’s Department is not at
the jail; it is located in the Superior Court building.
If the parent or guardian must be served in another county or state, the Cobb County Sheriff’s Department cannot
serve the papers. You will need to arrange for service directly with the Sheriff’s Department of the proper county.
You should find out the amount of the fee, and take or send it to the proper Sheriff’s Department, along with the
service copy of the papers.
Whether you have service completed by the Cobb County Sheriff’s Department or some other Sheriff’s Department,
you should make sure the service copy includes the Sheriff’s Entry of Service form. After the Sheriff’s Department
completes service, they will send the white and yellow copies to the Clerk’s Office, which will then send the yellow
copy to you (if you have properly filled out the form).
Certified Mail Service
If the parent or guardian lives outside the State of Georgia, you may use certified mail service. To use this method,
mail a copy of the Petition and the Notice to the person. Use certified mail, with return receipt (the green card). Be
sure to include your return address, so that the papers or the green card will be sent back to you by the post office.
When the green card comes back, complete a Certificate of Service form and staple the green card to it, with the
signature side of the card visible. Make a copy of the Certificate of Service with the green card on it. Then, file the
Certificate of Service with the Clerk’s Office in the same way you filed the Petition and other papers to start the
case.
Service by Publication
This is a method of last resort. If you can find the parent or guardian, you must use on of the other methods of
service. If you do not know where that person lives or works, and you cannot find that information out, this is your
only choice of service method. You must prove to the Court that you have tried to locate the parent or guardian and
cannot find him/her.
To serve by publication, you will need to prepare and file the following two (2) forms:
Affidavit of Diligent Search, and
Order of Publication, Return of Service, and Order Perfecting Service
In the Affidavit of Due Diligence, you will explain to the Court the steps you took to try to find the parent or
guardian. You must make reasonable effort to find the person before you fill out this form, which is available
through the Cobb County Law Library and has its own set of instructions. The other two forms are available
through the Clerk’s Office.
Superior Court of Cobb County
____________________________________________________________________________________________________
“Petition to Change Names of Minor Children Packet” Page 10 of 25
Provided by the Superior Court of Cobb County. Rev3. 01/2011
After you file the forms and if the Court grants permission, the judge will then sign an Order of Publication. You
will need to pay the cost of publication ($80.00) at the Clerk’s Office. The Notice of Publication will then be
published in the county’s official legal newspaper, called The Marietta Daily Journal, four times (usually four
weeks in a row). The court clerk is required to mail the Notice to the parent or guardian’s last known address (which
you have provided in the Affidavit of Diligent Search), and then to complete the Return of Service part of the 3-
section form listed above.
To be on the safe side, you should also mail a set of all the papers, called the “service copy,” to the person’s last
known address. Be sure to put enough postage on it, and be sure to list a return address so that the post office can
return it to you if they are unable to deliver it.
After the Notice of Publication has been published all four times, you should receive an Affidavit of Publication
from The Marietta Daily Journal stating that publication is complete. You must bring this Affidavit of Publication
with you to your hearing in order to prove that service by publication has been completed. Usually the judge will
then sign the Order Perfecting Service (part of the three-part form listed above) at the hearing, showing that the
Court has reviewed the service and finds that it was done properly.
If you later find out where the parent or guardian lives or works (before the case is over), you should arrange
for the Sheriff’s Department to serve the person or for the person to acknowledge service.
STEP 7: WAIT AND PREPARE FOR FINAL HEARING
If all the parents and guardians (if any) live in the State of Georgia, the required waiting period is 30 days from the
date of service on the last person served. If any of the parents or guardians live outside the State of Georgia, the
waiting period is 60 days from the date of service.
In addition, the Publication of Notice in The Marietta Daily Journal must have been completed. The publication
normally runs for 4 weeks, so it will usually be completed at approximately the same time as the waiting period.
Final Order for Changing Names of Minor Children:
Fill in the caption the same way you did on the Petition. Fill in the Case Number with the same number the Clerk
wrote down when you filed the case.
Fill in the current (old) name, date of birth, and proposed new names for each child on the chart in the body of the
Order. Be sure you spell the names exactly as you want it to appear on official records in the future. Leave the rest
of the form blank. The judge will fill in the remainder of the form at your final hearing.
General Civil Case Final Disposition Information Form:
Check the box next to the word “Superior” in the upper left-hand corner of the form.
Fill in “Cobb” in the space provided for the county. Fill in the Case Number on the space for the Docket Number.
Fill in your name as the Reporting Party; fill in your title, which is “Petitioner.”
Fill in your name on the line for the “Name of Plaintiff/Petitioner.” Check the box for “Pro Se.” Do not fill in the
spaces provided for the Respondent.
Under “Type of Disposition,” check the box for Bench Trial (#6).
Do not fill in the “Award” section or the “Judgment on Verdict” section. Leave them blank.
Under “ADR,” check the box for “No.”
Click for PDF

Form Information

Fact Name Fact Description
Governing Laws The name change process for minors in Georgia is governed by Official Code of Georgia Annotated Sections 19-12-1 through 19-12-4 and 31-10-23(d).
Legal Status A name change does not alter the legal status of the child or the father.
Required Consent Both parents must consent to the name change unless they are deceased or have not contributed to the child's support for at least five years.
Alternative Procedures For children born out of wedlock, a different procedure called "Legitimation" is required to establish legal fatherhood and can include a name change.

Detailed Guide for Filling Out Georgia Change Name Minor

Filling out the Georgia Change Name Minor form is a structured process that requires careful attention to detail. After completing the form, you will submit it to the court, and there will be several additional steps to finalize the name change for your child.

  1. Fill out the Petition, Verification, Consent, and Acknowledgment, Notice, and Case Filing Information forms. Ensure all information is accurate.
  2. Sign the forms in front of a notary public. Keep the Final Order and Case Disposition Information forms for later.
  3. Have one of the Consent & Acknowledgment forms completed and signed in front of a notary public by each of the other parent(s) and guardian (if any), unless an exception applies.
  4. Make copies of all the forms you have completed.
  5. File the forms at the Superior Court Clerk’s Office in your county.
  6. Arrange for publication of the Notice in The Marietta Daily Journal.
  7. Arrange for service on all parents and guardians (if any), unless they have signed the Consent and Acknowledgment form.
  8. Wait the required time and prepare the forms for the final hearing.
  9. Schedule and attend the final court hearing.
  10. File the Final Order and obtain a certified copy of it. (Optional) Change the birth certificate(s) if needed.

Obtain Answers on Georgia Change Name Minor

  1. What is the purpose of the Georgia Change Name Minor form?

    The Georgia Change Name Minor form is used to legally change the name of a minor child in Georgia. This process does not alter the legal status of the child or their parents. It is important to understand that if you are seeking to establish legal paternity or legitimation, a different procedure must be followed.

  2. Who can file for a name change for a minor child?

    Only individuals who have a legal relationship with the child, such as parents or guardians, can file for a name change. If both parents are alive, their consent is generally required unless specific exceptions apply, such as abandonment or the parents being deceased.

  3. What steps are involved in the name change process?

    • Fill out the necessary forms, including the Petition and Consent forms.
    • Have the forms notarized.
    • File the forms with the Superior Court Clerk’s Office.
    • Arrange for publication of a notice in a local newspaper.
    • Serve the other parent(s) and any guardians with the petition.
    • Attend a final court hearing to finalize the name change.

    Each step must be completed carefully to avoid delays or complications in the process.

  4. What happens if one parent does not consent to the name change?

    If one parent does not consent, the name change can still be pursued, but the non-consenting parent must be properly served with the petition. The court may require additional evidence to determine whether the name change is in the best interests of the child.

  5. Can I change my child's name on their birth certificate after the court approves the name change?

    Yes, after the court issues a final order changing the child's name, you can request an updated birth certificate reflecting the new name. This typically involves submitting the final order to the Georgia Bureau of Vital Records along with any required forms and fees.

Common mistakes

Filling out the Georgia Change Name Minor form can be a straightforward process, but several common mistakes can lead to complications. One frequent error involves incomplete or incorrect information on the forms. For instance, when entering the names and birthdates of the minor children, it is essential to spell the names exactly as they appear on the child’s birth record. Omitting a middle name or misspelling a name could result in delays or even denial of the name change request.

Another mistake often made is failing to obtain proper consent from all necessary parties. The law requires that both parents must consent to the name change unless specific exceptions apply, such as abandonment or death. If one parent does not consent, the form cannot be processed as intended. Inadequate documentation regarding parental consent can lead to significant legal hurdles and prolong the process.

Many individuals also overlook the importance of notarization. Certain forms, such as the Consent and Acknowledgment form, must be signed in front of a notary public. Failing to do so can invalidate the form and cause additional delays. It is crucial to ensure that all signatures are properly notarized before submitting the forms to the court.

Lastly, neglecting to follow the detailed instructions provided can result in errors that might seem minor but can have serious implications. Each step of the process is important, from filling out the Petition to arranging for publication of the Notice. Skipping steps or misreading instructions can lead to confusion, unnecessary delays, and potential denial of the name change request. Careful attention to detail is necessary to avoid these pitfalls.

Documents used along the form

When navigating the process of changing a minor's name in Georgia, it's essential to understand that several other forms and documents may be necessary to support your petition. Each of these documents plays a crucial role in ensuring that the name change is legally recognized and properly executed. Below is a brief overview of four important forms often used alongside the Georgia Change Name Minor form.

  • Verification of Name Change Petition: This document serves as a sworn statement confirming that the information provided in the name change petition is accurate. It must be signed in front of a notary public, affirming the truthfulness of the details included in the petition.
  • Consent to Change Name(s) of Minor Child(ren) & Acknowledgment of Service: This form is critical when both parents or guardians consent to the name change. It acknowledges their agreement and ensures that they have been informed about the petition. This form requires notarization and is essential for demonstrating mutual consent.
  • Notice of Petition to Change Name(s) of Minor Child(ren): This notice must be published in a local newspaper to inform the public about the name change request. It serves as a legal notification and is an important step in the process, ensuring that any interested parties have the opportunity to respond.
  • Final Order Changing Name(s) of Minor Child(ren): After the court hearing, this document officially records the court's decision to grant the name change. It is crucial to obtain a certified copy of this order, as it may be needed for updating legal documents such as birth certificates and identification.

Understanding these accompanying forms can significantly ease the process of changing a minor's name. Each document has its purpose and contributes to a smooth transition. Always consider seeking legal advice to ensure that you are fully informed and prepared for each step in this important process.

Similar forms

The Georgia Change Name Minor form is similar to several other legal documents that address name changes and related procedures. Below is a list of eight documents with brief explanations of how they relate to the name change process for minors.

  • Petition for Name Change: This document is used to formally request a name change for an adult. It follows a similar process as the minor name change petition but does not require parental consent.
  • Legitimation Petition: This is filed by a father seeking to establish legal paternity for a child born out of wedlock. It can include a request to change the child's name, similar to the minor name change process.
  • Paternity Action: This document is used to determine the legal father of a child. If a name change is part of the case, it follows similar steps to the name change petition.
  • Application for an Amended Certificate of Birth by Legitimation: This form allows parents to amend a child's birth certificate to include the father's name and can also change the child's name, similar to the minor name change process.
  • Divorce Petition: In divorce cases, name changes can be requested as part of the proceedings. This process shares similarities with the minor name change petition in terms of filing and consent requirements.
  • Notice of Name Change: This document is often required to inform the public of a name change request. It parallels the notice required in the minor name change process.
  • Consent Form for Name Change: This form is needed when parents or guardians consent to a name change. It is similar to the Consent to Change Name(s) of Minor Child(ren) form included in the minor name change packet.
  • Final Order Changing Name: This document finalizes the name change once approved by the court. It is similar to the Final Order Changing Name(s) of Minor Child(ren) that is filed after the hearing.

Dos and Don'ts

When filling out the Georgia Change Name Minor form, it's important to approach the process with care and attention. Here’s a list of things you should and shouldn’t do to ensure a smooth application process.

  • Do read all instructions carefully before starting the forms. Understanding each requirement will help you avoid mistakes.
  • Do fill out the forms using black ink or by typing. This ensures clarity and prevents any misinterpretation.
  • Do make sure both parents consent to the name change unless there are specific legal exceptions. Consent is crucial for the process to proceed.
  • Do sign all forms in front of a notary public. Your signature must be verified to be legally binding.
  • Don't leave any required fields blank. Missing information can lead to delays or rejection of your application.
  • Don't attempt to seek legal advice from court personnel. They are prohibited from providing legal guidance, so consult a lawyer if you have questions.

By following these guidelines, you can help ensure that your application for a name change for a minor child is processed efficiently and effectively. Taking the time to double-check your work can save you from unnecessary complications down the line.

Misconceptions

Understanding the process of changing a minor's name in Georgia can be complex, and misconceptions often arise. Here are five common misconceptions about the Georgia Change Name Minor form, along with clarifications for each.

  • Changing a name alters legal parentage. Many believe that filing for a name change also changes the legal status of the child or the parents. This is not true. The name change does not affect legal parentage or custody rights.
  • Fathers of children born out of wedlock can change names without legitimation. Some assume that a father can simply file for a name change. However, if the father is not legally recognized, he must first go through a process called “Legitimation” to establish legal parentage before changing the child's name.
  • Paternity actions are unnecessary for name changes. There is a misconception that a name change can be filed without addressing paternity. If there is uncertainty about the child's father, a Paternity action must be filed to legally determine fatherhood before a name change can occur.
  • All parents must consent to a name change. While it is generally required that both parents consent, there are exceptions. If one parent is deceased, has abandoned the child, or has not contributed to the child's support for at least five years, their consent may not be necessary.
  • Changing a name requires a court hearing every time. Some believe that every name change necessitates a court hearing. However, if both parents are natural parents and have not married, they can amend the birth certificate through a simple form submitted to the Georgia Bureau of Vital Records without a court action.

Being aware of these misconceptions can help streamline the process and ensure that all necessary steps are taken correctly. Always consider seeking legal advice for a clearer understanding of individual circumstances.

Key takeaways

Key Takeaways for Filling Out and Using the Georgia Change Name Minor Form:

  • The name change process does not alter the legal status of the child or the parents.
  • If you are the father of a child born out of wedlock and wish to establish legal paternity, a separate procedure called "Legitimation" must be followed.
  • In cases of paternity disputes, a Paternity action is required to determine the child's legal father.
  • For natural parents of a child born out of wedlock, changing the child's name can be done through the Georgia Bureau of Vital Records without court action.
  • Consulting a lawyer before filing is advisable, as there may be complexities that require legal guidance.
  • All forms must be filled out in black ink and signed in front of a notary public.
  • Both parents must consent to the name change unless they are deceased or have not contributed to the child's support for at least five years.