How do I change my name and my children's name back to our birth name?
Full Question:
I need to know how to go about changing my name back to my birth name, along with my children's names, as soon as possible. The problem is that I am currently residing outside the U.S. working. What steps can I take?
03/16/2009 |
Category: Name Change |
State: Georgia |
#15648
Answer:
The answer will depend on whether you still have a residence in Georgia. It is possible to work outside the country and still have a residence in the United States. Residence requirements vary by entity, but generally an intent to return to the dwelling, as evidenced by records such as payment of taxes, voter registration, driver's licenses, etc. may satisfy the requirements for residency. A petition for name change must be filed in superior court of the county of residence.
The following is a GA statute:
19-12-1. (a) Any person desirous of changing his name or the name or names
of....
(a) Any person desirous of changing his name or the name or names of
his minor child or children may present a petition to the superior court
of the county of his residence, setting forth fully and particularly the
reasons why the change is asked, which petition shall be verified by the
petitioner.
(b) Within seven days of the filing of the petition, the petitioner
shall cause a notice of the filing, signed by him, to be published in
the official legal organ of the county once a week for four weeks. The
notice shall contain therein the name of the petitioner, the name of
the person whose name is to be changed if different from that of the
petitioner, the new name desired, the court in which the petition is
pending, the date on which the petition was filed, and the right of any
interested or affected party to appear and file objections.
(c) If the petition seeks to change the name of a minor child, the
written consent of his parent or parents if they are living and have not
abandoned the child, or the written consent of the child's guardian if
both parents are dead or have abandoned the child, shall be filed with
the petition, except that the written consent of a parent shall not be
required if the parent has not contributed to the support of the child
for a continuous period of five years or more immediately preceding the
filing of the petition.
(d) In all cases, before a minor child's name may be changed, the
parent or parents of the child shall be served with a copy of the
petition. If the parent or parents reside within this state, service of
the petition shall be made in person, except that if the location or
address of the parent is unknown, service of the petition on the parent
shall be made by publication as provided in this Code section. If the
parent or parents reside outside this state, service of the petition on
the parent or parents residing outside this state shall be made by
certified mail or statutory overnight delivery if the address is known
or by publication as provided in this Code section if the address is
not known.
(e) Where a child resides with persons other than his parent or
parents, a copy of the petition shall be served upon the person acting
as guardian of the child in the same manner as service would be made on
a parent.
(f) Upon the expiration of:
(1) Thirty days from the filing of the petition if the person whose
name to be changed is an adult;
(2) Thirty days from the date of service upon the parent, parents, or
guardian of a minor whose name is to be changed if the parent, parents,
or guardian reside within this state; or
(3) Sixty days from the date of service upon the parent, parents, or
guardian of a minor whose name is to be changed if either the parent,
parents, or guardian reside outside the state and the petition is
served by mail, and after proof to the court of publication of the
notice as required in this Code section is made, if no objection is
filed, the court shall proceed at chambers at such date as the court
shall fix to hear and determine all matters raised by the petition and
to render final judgment or decree thereon. For such service, the clerk
shall receive the fees prescribed in Code Section 15-6-77, relating to
fees of clerks of the superior courts for civil cases.
