Free Georgia Change Name Minor Template in 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):

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.

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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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Superior Court of Cobb County

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.

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.

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.

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Superior Court of Cobb County

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:

oThe parent is deceased, OR

oThe parent has abandoned the children, OR

oThe 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.

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.

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Superior Court of Cobb County

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.

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.

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