DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 1
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
INSTRUCTIONS FOR
NAME CHANGE OF MINOR CHILDREN
FIRST, HERE IS WHAT A NAME CHANGE FOR MINOR CHILD DOES NOT DO:
" The legal procedure of 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 DeKalb Family Law
Information Center 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 now
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. The form is called Application for an
Amended Certificate of Birth by Legitimation (Form #3929), and 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 Sections
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 your time with the lawyer.
State law, OCGA § 15-19-51 prohibits court personnel (including staff attorneys or 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 DeKalb Family Law Information Center,
except for the Legal Aid lawyers who provide advice at the Center by appointment only, during
consultations provided free of charge to DeKalb County residents.
LIST OF FORMS YOU SHOULD HAVE IN THIS PACKET:
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 2
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
(1) Petition to Change Name(s) of Minor Child(ren) - [4 pages]
(2) Verification of Name Change Petition - [1 page]
(3) Consent to Change Name(s) of Minor Child(ren) & Acknowledgement of Service - [2 copies
of 2 pages 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]
You may also need to get one other form from the Clerk’s Office (not available at the Family
Law Information Center):
(9) Sheriff’s Return of Service forms (one for each person to be served by the sheriff)
LIST OF STEPS FOR NAME CHANGE OF MINOR CHILDREN:
- STEP 1: Fill out the Petition, Verification, Consent & Acknowledgement, 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 & Acknowledgement 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 the forms at the Superior Court Clerk’s Office.
- STEP 5: Arrange for publication of the Notice in the Champion newspaper.
- STEP 6: Arrange for service on all parents and guardian (if any), unless they have signed the
Consent & Acknowledgement form.
- STEP 7: Wait the required time, and prepare the forms for the final hearing.
- STEP 8: Schedule and attend the court hearing.
- STEP 9: File the Final Order and get a certified copy of it.
- STEP 10: (Optional) Change birth certificate(s).
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 3
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
DETAILED, STEP-BY-STEP INSTRUCTIONS
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.
Always type or print in BLACK
INK on any forms you will file in DeKalb County Courts.
Step 1 (a): Completing the Petition to Change Names of Minor Children
Caption (Heading) on Petition:
Type or print the current names of the minor children 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 children’s living parent(s) as the Respondents. If the children do 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 of Petition
: Your Name and Residency
Type or print your name on the blank in this paragraph.
Paragraph 2 of Petition
: Your Relationship to the Children
Check the box next to the word that describes your relationship to the children. Only people
who have a legal relationship (that is, parents and guardians) can change the name of a
minor child.
Paragraph 3 of Petition
: Names & Birthdates of the Children
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 new 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 of Petition
: Where the Children Live
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 4
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
If the children live with you in DeKalb County, check the first box.
If the children 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 children, and the county where they live.
Paragraph 5 of Petition
: 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 children. Be clear and reasonably
complete, but keep it short.
Paragraph 6 of Petition
: Mother’s Name and Address
Fill in the name of the children’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. To do so would
violate OCGA § 19-13-23. 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 best applies to the children’s
mother. 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 children, or
have not contributed to the children’s support for at least the past 5 years in a row.
Paragraph 7 of Petition
: Father’s Name and Address
Fill in the name of the children’s father, and his address. However, if the father is living in a
shelter for victims of family violence, do not list the address of the shelter. To do so would
violate OCGA § 19-13-23. 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 best applies to the children’s
father. 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 children, or
have not contributed to the children’s support for at least the past 5 years in a row.
Paragraph 8 of Petition
: 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 children, and so the children
have a guardian, check the second box. Then, fill in the name and address of the children’s
guardian. However, if the guardian is living in a shelter for victims of family violence, do not
list the address of the shelter. To do so would violate OCGA § 19-13-23. Instead, on the
space for the address, list only the name
of the shelter and the state where it is located.
Final Paragraph of Petition
: Request for Relief and for Service on Parents & Guardian
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 5
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
(a) Request for name change. This part applies in all cases, so there is no box to
check on this one.
Important Note About Service: 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) & Acknowledgement of Service.
If they are not going to sign the Consent & Acknowledgement 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 Not
Have to Check Any of the Service Boxes - If both parents have
signed the Consent & Acknowledgement form, then you do not need to check any of 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 &
Acknowledgement form, then you do not need to check any of the boxes about the guardian
in (b), (c) or (d).
(b) Service by sheriff. Check box “b” if you need to have the sheriff serve either parent
or a person acting as guardian. This is the type of service required in most cases.
(c) 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.
(d) 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.
To finish filling out this Petition form
, sign your name in the space provided on the last page, add
the date on which you are signing it, write your address and a daytime telephone number
where the 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. To do so
would violate OCGA § 19-13-23. Instead, on the space for the address, list only the name
of
the shelter and the state
where it is located. Also, if the Respondent does not know your
address and it should 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 or the Respondent.
Step 1 (b): Completing the Verification Form
The Verification form must be filed with the Petition to Change Name(s) of Minor Child(ren). Fill out
the caption in the same way you filled it out on the Petition. Then, insert your name in the space
after the words “My name is.”
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 6
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
Now, 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): Completing the Consent & Acknowledgement Form for Yourself
There are two copies of this form in your packet. One is for the mother, one 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).
On the Consent to Change Name(s) of Minor Children & Acknowledgement of Service form that you
will sign, complete it as follows:
Caption (Heading) on Consent
: Fill out the caption in the same way you did it on the Petition.
Paragraph 1 of Consent
: Your Name, Address and Your Relationship to the Children
Type or print your name and address on the blanks in this paragraph. (If you are staying in a
family violence shelter, do not list your address. See notes on Pages 4-5 above.) Check the
box next to the word that describes your relationship to the children.
Paragraph 2 of Consent
: Petitioner’s Name, Names & Birthdates of the 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 on Consent
: Do not sign it 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.
Step 1 (d): Completing the Notice of Petition to Change Name(s) of Minor Children
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 Champion can send you the proof of publication.
Step 1 (e): Completing the Non-Domestic General Civil Case Filing Information Form
Case Caption (left side of form):
Do not fill in the Case Number and Division. The Clerk will do it when you file the case. On
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 7
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
the lines underneath the Case Number, type or print the caption of the case, just as it
appears on the Petition.
Information on the Plaintiff (right side of form)
:
Type or print your name, address and telephone number on the spaces provided under the
words “Attorney For Plaintiff.” Cross out the words “Attorney For.” On the space for the bar
number, write the words “pro se.”
Information on the Attorney for Defendant (right side of form)
:
Leave this section blank.
Type of Case and Origin (boxes in center of form)
:
Check the box next to “Name Change.” In the area labeled “ORIGIN,” check the box for
“Original Proceeding.
Related Cases (bottom section of form)
:
If there have not
been any other cases in this court about any of these children, leave this
section blank. Just sign your name at the bottom (above the words “Signature of Attorney),
cross out the words “of Attorney,” and fill in the date.
However, if there have
been any cases about any of these children in the DeKalb County
Superior Court (for example, divorce, child support, custody, visitation, paternity, legitimation
or TPO), then you must fill in this section.
To complete this section (if there have been other cases), 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 (above the words
“Signature of Attorney), cross out the words “of Attorney,” and fill in the date.
Step 1 (f): Signing in Front of a 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. The staff at the Family Law
Information Center can notarize the documents for free, but you must have proper identification
.
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 8
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
Step 2: Getting Consent & Acknowledgement forms Signed by Other Interested Parties
(Parents, Guardian)
Each of the parents has to sign one of the Consent & Acknowledgement forms, unless
one of these reasons for an exception applies to them:
" the parent is deceased, OR
" the parent has abandoned the children, OR
" 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 excep-tions,
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 Minor Children & Acknowledgement of Service
form(s) 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 of Others’ Consent
: Name, Address and Relationship to the Children
The parent or guardian signing the form should fill in their name & address on the
appropriate blanks, and then check the box showing their relationship to the children.
Paragraph 2 of Others’ Consent
: Petitioner’s Name, Names & 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 the 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 check also the box that describes their
relationship to the children.
Step 3: Copying Your Papers
Check to make sure you have completed all the forms you need, and that they have all been
signed by the proper people in front of a notary. (See Page 2 of these instructions for a list of all the
forms.) Then, make one copy of each of the forms for each parent and guardian, including yourself.
Sort the copies into sets for the Court and for each parent and guardian, with one copy of every form
in each set. Clip each set with a paper clip.
Step 4: Filing the Forms at the Clerk’s Office
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 9
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
After you have completed, signed (in front of a notary, where applicable), copied and sorted all your
paperwork, you are ready to file your case.
The court filing fee may be obtained from the clerk’s office. In addition, if the DeKalb County
Sheriff’s Department is going to serve this action, there is a service fee for each person the sheriff
must serve. Finally, there is a fee for the Champion newspaper to publish the notice of name
change. Please contact the clerk’s office to inquire about acceptable forms of payment. You
may combine the service fee(s) and the filing fee into one payment to the DeKalb Superior Court
Clerk, but the fee for the Champion should be separate.
Note About Fees
: If you have a very low income, and feel that you cannot afford to pay these
fees, you can ask the Court to waive the fees. To do this, you should file the
Poverty Affidavit and Order on Poverty Affidavit forms with the other papers
when you file your case at the Clerk’s office. (Ask the staff at the Family Law
Information Center for these forms, which are not included in this packet.) A
judge must sign the Order approving your Poverty Affidavit, before the filing
of your case will be completed by the Clerk’s office staff. If the judge signs the
order of approval, both the filing fee and the service fee are waived. If the
judge does not approve your Poverty Affidavit, you must pay the fees before
your case will proceed.
Take all of the sets of forms (with the Court’s set on top), along with your cash or money orders, to
the DeKalb Superior Court Clerk’s office. It is located in Room 210 on the Ground floor of the
DeKalb County Courthouse (556 North McDonough Street, in downtown Decatur).
When it is your turn, give all the forms to the clerk. Tell the clerk if there have ever been any cases
about the children in this Court, so that the case can be assigned to the proper judge. If your
paperwork is in order, the clerk will keep the originals for the Court’s file. If you are paying the fees,
you will probably be sent to a different clerk to pay the money, and then bring the receipt back to the
filing clerk to show that you paid. If you are not paying the fees, but are filing a Poverty Affidavit
instead, the clerk will instruct you about how the Poverty Affidavit and the Order on Poverty Affidavit
are to be presented to the appropriate judge for review and signing.
After the fees have been paid, or the Poverty Affidavit has been approved by the judge, the clerk will
write your case number on the top page of your set of copies, stamp them with the date & time
stamp, and return them to you. Keep these for your records. Your case has now been filed. Ask
the clerk which judge has been assigned to the case, and get the name and phone number of the
Judge’s calendar clerk (which you will need at the end of your case).
But, do not rush out of the Clerk’s office yet. Unless you filed a Consent & Acknowledgement for
each parent and guardian, you must also arrange for service. The other copies of your papers will
be used for service. In addition, you need to arrange for publication of the Notice.
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 10
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
Step 5: Arrange for Publication of the Notice
Publication is required, even if all parents and guardians have consented and acknowledged
service. However, it is simple to do. While you are filing your case, give the clerk the Notice and
your check or money order, made out to The Champion newspaper. The clerk will forward the
Notice and the payment to The Champion. (Note: If the Notice has more than 100 words, the fee is
higher.)
You should receive a Publisher’s Affidavit from The Champion after the Notice has been published
for four weeks. Keep it with your other court papers for this name change case. You will need it at
your final hearing, to show the judge that the Notice was published.
Step 6: Arranging for Service
Service is the formal process of notifying the parents and guardian that the name change case has
been filed. There are basically four ways for service to be completed in this type of case: (a) the
parent or guardian signs an Acknowledgement of Service, (b) service by the sheriff’s department, (c)
publication, and (d) certified mail (only if the parent or guardian lives out of state).
(a) 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 acknowledgement form in front of a notary public. You cannot sign the form
for them and you cannot sign as the notary witnessing their signature. In this packet, the
Acknowledgement 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 Acknowledgement 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.
(b) Service by the Sheriff
(“Personal Service”)
This is the usual way for service to be completed (if an acknowledgement is not signed). It is
sometimes called “Personal Service,” which means that the deputy sheriff hands the papers to the
parent or guardian in person. 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, then you should make
arrangements for the Sheriff’s Department to serve the papers.
If the parent or guardian can be served in DeKalb County, then the DeKalb County Sheriff’s
Department can serve the papers. You can 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. If you prefer, you may take
the fee and service copy directly to the Sheriff’s Department yourself (after you have completed
Step 5 above). The Civil Process Division of the Sheriff’s Department is not at the jail. It is located
on the ground floor of the DeKalb County Courthouse, in Room G-6.
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 11
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
S Make sure the service copy includes the Sheriff’s Entry of Service form. After the DeKalb
sheriff’s department completes service, they will send two copies to the Clerk’s office, which
will then send the yellow copy to you (if you have properly filled out the form).
If the parent or guardian must be served in another county, then the DeKalb County Sheriff’s
Department cannot serve the papers. You must arrange for service directly with the sheriff’s
department of the proper county. You must 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.
S 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 you (if you have
properly filled out the form). When you get them, you must file them with the DeKalb
Superior Court Clerk’s office, which will then give the yellow copy back to you.
(c) 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 requested (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 (available from the Family
Law Information Center) 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 Court Clerk’s office in the same way you filed the Petition and other papers to start
this case.
(d) Service by Publication
This is the method of last resort. If you can find the parent or guardian, you must use one of the
other methods of service. But, it is your only choice if you do not know where the person lives
or
works, and you cannot find out that information. You must prove to the Court that you have tried to
locate the parent or guardian, and cannot find him or her.
To serve by publication, you must prepare and file two forms (both available from the Family Law
Information Center):
i. Affidavit of Diligent Search, and
ii. Order of Publication, Return of Service, Order Perfecting Service
In the Affidavit of Diligent Search, you will explain to the Court about the steps you took to try to find
the parent or guardian. You must make reasonable efforts to find the person before you fill out the
Affidavit form.
After you file the forms, if the Court grants permission, the Judge will sign the Order of Publication.
In Step 5, you already arranged for the Notice of Petition to Change Names to be published in the
county’s official legal newspaper (The Champion).
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 12
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
Meanwhile, 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 as (ii) above.
However, to be on the safe side, you should also mail a set of all the papers (the “service copy”) to
the person’s last known address. Make sure you put enough postage on it, and make sure you list a
return address, so the post office can return it to you if they are not able to deliver it.
After it has been published as required, you should receive a Publisher’s Affidavit from the
newspaper, stating that publication is complete. You must bring this Publisher’s Affidavit with you to
your hearing, to prove that service by publication has been completed. Usually, the Judge will then
sign the Order Perfecting Service (part of the 3-part form listed above) at the hearing, showing that
the Court has reviewed the service and finds it was done properly.
You may later find out where the parent or guardian lives or works (before the case is over).
If this happens, then you should arrange for the Sheriff’s Department to serve the person, or for the
person to acknowledge service.
Step 7: Wait the Required Time and Prepare Forms for Final Hearing
If all the parents and guardian (if any) live in the state of Georgia, the required waiting period is 30
days from the date of service on the last one served. If any of the parents or guardian lives
outside the state of Georgia, the required waiting period is 60 days from the date of service.
In addition, publication of the Notice in the Champion must have been completed. The publication
normally runs for 4 weeks, so it will usually be completed at the approximately the same time as the
waiting period.
Complete the Final Order Changing Names of Minor Children:
Fill in the caption in the same way you did it on the Petition. Fill in the Case Number, as the
clerk wrote it down for you when you filed the case.
Then, fill in the current (old) name, date of birth and (proposed) new name for each child on
the chart in the body of the Order. Leave the rest of the order form blank. The Judge will fill
out the rest at your hearing.
Complete the 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 “DeKalb” on the space for the County. Fill in the Case Number on the space for the
Docket Number. Fill in your name as the Reporting Party; your title is “Petitioner.”
Fill in your name on the line for the “Name of Plaintiff/Petition.” Check the box for “Pro Se.”
Fill in the name of the Respondent on the space provided.
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 13
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
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.
Step 8: Schedule and Attend the Court Hearing
Contact the calendar clerk for the Judge assigned to your case. Make sure you have your court
papers (including the Case Number) in front of you when you make the call, so you can answer any
questions the calendar clerk may have about your case. Schedule your final hearing. (Some judges
require you to make an appointment; others just have certain days and hours when you can come in
for this type of hearing.
When you go the court for your hearing, take your copy of all the court papers with you, including:
G Petition to Change Names of Minor Children
G Consent to Change Names of Minor Children & Acknowledgement of Service
G Notice of Petition to Change Names of Minor Children
G Publisher’s Affidavit (the paperwork sent to you by the Champion newspaper)
You also need to take along the following forms you completed in Step 7:
G Final Order Changing Names of Minor Children
G General Civil Case Final Disposition Information Form
When you get to the Judge’s office, tell the staff that you are there for a name change. The staff
may ask you for your Final Order form. When you go into the Judge’s office, the Judge will have you
swear to the truth of what you are about to say. Then, tell the Judge the following information:
- your name,
- county where you live,
- how you are related to the children,
- that you are asking the Judge to grant a name change for the children from [list
current names] to [list proposed new names] , and
- the reasons you want to change the names.
If you didn’t already give the Final Order form to the Judge’s staff, offer it to the Judge now. The
Judge may ask you some additional questions. Then, if the Judge approves the name change, she
or he will sign the Final Order form.
Step 9: File the Final Order and Get a Certified Copy
DeKalb County Family Law Information Center
Instructions for Name Change for Minor Children — Rev. November 12, 2001 Page 14
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
Take the signed Final Order to the Clerk’s office on the 2
nd
floor and file it with the clerk. Ask for a
certified copy of the Order. There is a charge for the certified copy. This is your proof that the
names have officially changed.
Step 10: (Optional) Change Birth Certificates
If the children were born in the state of Georgia, you may have their birth certificates changed to
show their new names. (The new birth certificate will be marked “amended.”)
To change the birth certificate, take or mail the following documents to the Georgia Bureau of Vital
Records, at 2600 Skyland Drive NE, Atlanta, GA 30319-3640; telephone 404-679-4702:
G Certified copy of Final Order
G Copy of current birth certificates (for the children)
G Money order made out to “Vital Records Services”
Tell the Vital Records staff that you have done a name change and want to amend the birth
certificate. If you do it by mail, be sure to provide them with your name and address, so they can
send you the amended birth certificate.
If you are the natural parents of a child born out of wedlock, and you have now married each other,
you can also add the father’s name to the child’s birth certificate. Ask the Vital Records staff for the
form called Application for an Amended Certificate of Birth by Legitimation (Form #3929). You must
both sign the form after you complete it. Return that form to the Bureau of Vital Records, along with
a copy of your marriage certificate (any the required fee, if any).
Your Name Change of Minor Children is All Done!
Congratulations!
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