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beanerlynn22
Name Change of a Minor Child in MI
July 2, 2013 at 9:58 PM

Can I change my child's last name to match my own in Michigan?  I have sole legal & physical custody of my 6 year old.  Her father & I were never married but she has his last name.  He has had no contact with her for 2 years but he has intermittently paid some child support (in the sense that the state automatically deducts it from his paychecks when he gets a job).  Do I still need his permission to change it?

Replies

  • conniejo75
    July 2, 2013 at 10:04 PM
    http://courts.mi.gov/self-help/center/casetype/pages/namechangesh.aspx
  • LifeCafe42
    July 2, 2013 at 10:09 PM
    I don't know your state but usually yes in my custody case I added the name change in
  • beanerlynn22
    July 2, 2013 at 10:22 PM

    Hmm, it says both "legal parents" must agree.  I guess that's where I'm getting hung up.  I have sole legal custody but I suppose that doesn't neccessarily make me the only legal parent.

  • BabyPink07
    July 2, 2013 at 10:52 PM
    I'd try. The worst they could say is no.
  • easinpc
    by easinpc
    July 3, 2013 at 11:16 AM

    I don't know but here's a bump for you!

  • Oliviasmom72
    July 3, 2013 at 11:47 AM

    Whats the point in changing the name? You need dads permission.

  • shelley11709
    July 3, 2013 at 11:52 AM
    I think that does make you are the only legal parent. You have SOLE legal custody. If you were to go get your kid a passport they would only need your signature. There are two biological parents but only one legal in your case.

    Make some phone calls or just go in and give it a shot. Like someone else said the worst they can do is say no.


    Quoting beanerlynn22:

    Hmm, it says both "legal parents" must agree.  I guess that's where I'm getting hung up.  I have sole legal custody but I suppose that doesn't neccessarily make me the only legal parent.


  • kristiansmommy1
    July 3, 2013 at 12:20 PM
    In ma if the father doesn't agree you have to go in front of the judge and he has to try to prove why it shouldn't be changed, for example one case got denied because the father claimed it would hurt him and his sons relationship. You can call and ask the court what the process is. My ex just signed it, his gf had to give me their address and keep it hush hush that I was coming tho lol and I just got a certificate in the mail 2 weeks later with his new name. Good luck!!
  • krisnkids
    July 3, 2013 at 12:30 PM

    Legally there are two parents, legal custody is mom's.  The only time there is only one legal parent is if one parent's rights have been terminated by the state, mother did not name the father on the bc and no court has named a legal parent or one parent has died.

    Yes, you as mom with full legal custody can get a child a passport.

    No, you as mom with full legal custody cannot change the child's name without dad's permission, or you can go to court and try to get the court to order it. That is an unlikely chance. 


    Quoting shelley11709:

    I think that does make you are the only legal parent. You have SOLE legal custody. If you were to go get your kid a passport they would only need your signature. There are two biological parents but only one legal in your case.

    Make some phone calls or just go in and give it a shot. Like someone else said the worst they can do is say no.


    Quoting beanerlynn22:

    Hmm, it says both "legal parents" must agree.  I guess that's where I'm getting hung up.  I have sole legal custody but I suppose that doesn't neccessarily make me the only legal parent.



     

  • steviechick
    July 3, 2013 at 1:47 PM

    V This and I concur with Kris.  Legally you have to have the dad's permission to change the last name of your child. 


    Quoting krisnkids:

    Legally there are two parents, legal custody is mom's.  The only time there is only one legal parent is if one parent's rights have been terminated by the state, mother did not name the father on the bc and no court has named a legal parent or one parent has died.

    Yes, you as mom with full legal custody can get a child a passport.

    No, you as mom with full legal custody cannot change the child's name without dad's permission, or you can go to court and try to get the court to order it. That is an unlikely chance. 

     

    Quoting shelley11709:

    I think that does make you are the only legal parent. You have SOLE legal custody. If you were to go get your kid a passport they would only need your signature. There are two biological parents but only one legal in your case.

    Make some phone calls or just go in and give it a shot. Like someone else said the worst they can do is say no.


    Quoting beanerlynn22:

    Hmm, it says both "legal parents" must agree.  I guess that's where I'm getting hung up.  I have sole legal custody but I suppose that doesn't neccessarily make me the only legal parent.


     

     


     

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