If your child`s other parent wants to change your child`s name, you can accept the name change or you can object. The process of changing your child`s name begins with completing the name change application. You can change the names of several children at the same time with the same petition. You can use our do-it-yourself name change tool to complete your petition. Only a custodial parent can request that a child`s name be changed. The custodial parent has sole or joint physical or legal custody of the child. There can be many reasons why you need to change your name, your child`s name, or your family`s last name. However, procedures can be complex and vary depending on whether a minor child is involved or not. To initiate the proceedings, the plaintiff must file a name change petition with the district court in the county where you or the child live (and have lived in the past year). Once the local newspaper has published your notice of name change, submit a copy of the published notice and affidavit to the court for publication. The newspaper must complete the affidavit of publication, not you.
The affidavit of publication must list the qualifications of the newspaper and the date(s) of publication of the notice. For links to legal aid offices and legal placement services, see Find a lawyer. If there is a self-help centre near you, you can get extra help there. If you need something other than legal aid, consult Community Services. If you need a fee waiver, an interpreter, a disability court or more information about visiting the court, visit Go. To change the name on your child`s birth certificate, submit a copy of the order to the registrar. For more information on changing the name on your or your child`s birth certificate, see the Michigan Correction or Change Birth Record application. Complete the name change application and submit it to the Family Division of the District Court in the county where you and your child or family live. Everyone listed in the petition must have lived in that district for at least one year. Pay the fees associated with a name change. Make the notice of hearing public (unless the judge orders that your case be kept confidential).
If you are trying to make a name change for a child under the age of 14, MCL 711.1 applies and introduces certain additional requirements. The name of a child under the age of 14 can only be changed if the child is the biological or adopted child of the applicant and consent is obtained jointly from the mother and father, the surviving parent if one of the parents is deceased or one of the child`s parents if only one legal parent is available. The court may find that the child is old enough to express a preference and, in this case, his wishes are taken into account. For children 14 years of age and older, the child`s written consent must be signed in open court. The petition must be filed regardless of age in the county where the child lives. Children do not need to take their fingerprints, but there is a demand for service. Once the hearing date has been set, it must be served on a non-custodial parent. In addition, upon receipt of the order, it must be served on the non-custodial parent, unless the court orders that it be confidential. You may want to contact any agency that deals with you under your old name. For a list of agencies you should contact, see After your name change. Here is a list of agencies and organizations you can contact after a judge makes an order approving a name change for you or your child.
The same general process applies whether you simply change your name or your family`s last name. If you want to ask the judge to change your child`s name without the consent of the other parent, you must be a custodial parent. The custodial parent has sole or joint custody of the child. If the other parent has joint custody and is not willing to sign the petition, you cannot change your child`s name. After a name change, other records that use your old name are not automatically changed. Contact an agency or organization that usually deals with you or your child under your former names. Submit a name change petition to start changing your name. You can use the do-it-yourself name tool to complete your petition. The name change process usually takes between four and six months. The processing time varies depending on whether you need a criminal background check or not. If you have a valid reason for not wanting to publish the notice, you can ask the judge to keep the minutes of the proceedings confidential. The judge will only do this if the publication of the notice puts you in physical danger.
If the judge orders that the matter be kept confidential, you don`t have to publish anything about your name change. If you receive a Notice of Hearing but do nothing, you lose the opportunity to object to the proposed name change. The judge can order that the child`s name be changed without hearing your opinion on the proposed name change. Use this tool to design forms that ask the court to change your name, your child`s name or your family name. You will visit the LawHelp Interactive website to do so. Once you`ve answered the questions, your completed forms and instructions are ready to print. You can accept or object to the proposed name change. For more information, see Change your minor child`s name. To make sure your name change is processed quickly, without getting stuck in common pitfalls, give us a call.
Attorneys for Garmo & Kiste, PLC have made numerous name changes in the family courts around Metro Detroit. Let our experience work for you! If both parents are deceased, your legal guardian must agree to your name change. You must submit guardianship letters with your name change application. If you are the custodial parent and your child`s other parent does not agree to the name change, there are additional steps. The other parent must be legally informed of the hearing and have the opportunity to object to the proposed name change. You must send a copy of the Notice of Hearing and the name change application to the other parent and submit proof of service to the court. If you do not know the address of the other parent, you must include their name in the publication of the Notice of Hearing. Your petition must include the reasons for your request and ensure that the name change is not fraudulent. If the applicant has a criminal record, the intent is presumed to be fraudulent and this presumption will only be rebutted if you can prove that the application serves legitimate purposes. If this presumption is rebutted and the name change is granted, the Michigan State Police Department will be advised to update its records.