If I’m the custodial parent of 2 juvenile children, can I legally change their name without “permission” of their other parent?

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If I’m the custodial parent of 2 juvenile children, can I legally change their name without “permission” of their other parent?

Asked on January 5, 2013 under Family Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 11 years ago | Contributor

In situations like this, you can try to seek the other parent's permission or a court order.  Otherwise, if it's the children who are pushing for a name change, simply tell them they can change their names on their 18th birthday.  At that point, neither the court nor the other parent can prevent the name change. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, no, you need the consent of the other parent in order to legally change the names of the children.  Having custody does not necessarily give you that right.  You could possibly hyphenate their names to include your and his with out any consent issue.  Good luck.


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