A legal name change in Georgia is a court case. You file it in the superior court of the county where you live.
What You File
Under OCGA 19-12-1(b), any individual wanting to change his or her name, or a child’s name, “may present a petition to the superior court of the county of his or her residence.” The petition must be verified, and it has to “set forth fully and particularly the reasons why the name change is being requested.”
The Notice Requirement
Within seven days of filing, you must publish notice “once a week for four consecutive weeks in the legal organ of the county in which such petition is pending.” OCGA 19-12-1(d). The notice carries your current and desired names, the court, the filing date, and “the right of any interested or affected party to appear and file objections.”
If nobody objects, the court hears the case at chambers once 30 days have run from the filing. OCGA 19-12-1(h)(1). If someone does object, OCGA 19-12-2 sends the matter to a hearing.
Family Violence and Trafficking Victims Can Seal the Case
A petitioner who alleges to be a victim of family violence or human trafficking may ask the court to file the petition under seal. If the court finds the petitioner is such a victim, OCGA 19-12-1(c) allows it to waive publication entirely and decide the petition without it.
Changing a Child’s Name
The written consent of the living parents must be filed with the petition, and the parents have to be served – in person if they are in Georgia, by certified mail or overnight delivery if they are not. OCGA 19-12-1(e), (f). A judge “has broad discretion … to change the name of a child,” reviewable only for abuse “by ignoring the best interests of the child.” Brittingham v. Dattilio, 317 Ga. App. 548 (2012).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!