In Georgia, persons may request a name change of their minor child(ren) by filing a verified petition in the superior court in the county in which they live that fully and with particularity states why the name should be changed. O.C.G.A. § 19-12-1 (a). In determining whether to grant such petitions, trial courts have broad discretion. The Court of Appeals of Georgia recently heard a case which required an opinion on whether the trial court had abused its discretion in granting a minor's name change.
In Brittingham, Mother appealed an order from the trial court changing the parties' son's surname to the Father's surname, Dattilio. On appeal, Mother raised several procedural objections, claiming that Father had not complied with many of the requirements set forth in O.C.G.A. § 19-12-1. The Court of Appeals would not consider Mother's procedural objections, as she had not raised them at the final hearing conducted by the trial court. Instead, the Court focused on whether there was some evidence to order the minor child's name changed. The Court noted that "[a] trial court has broad discretion . . . to change the name of a child, and the court's decision will not be reversed unless it clearly abuses its discretion by ignoring the best interests of the child. " Here, the Court found that Father testified the minor child "wanted to be a Dattilio," and that Mother admitted she had seen the minor child use Father's surname and that the minor child was upset over the confusion about his last name. The Court found that the trial court did not abuse its discretion by ordering the name change as there was some evidence to show such name change was in the best interest of the child.
If you have any questions regarding petitioning for a minor child's name change, you should contact an experienced family law attorney for more detailed information.