birthrights

[lacfej]

my sons mother deceived upon his birth.as a result he has her last name.can i change his name legally,without her consent? i am from michigan.

 

[I AM ALWAYS LIABLE]

My response:

No.

You need to file and serve her with a Petition for Paternity in the Family Law court. Once paternity is proven, by court ordered methods, the judge can then order that the Certificate of Birth be amended to show your name. The judge will also order a visitation schedule and child support payments in favor of whomever obtains physical custody of the child.

IAAL

 

[lacfej]

i have proven custody,and have regular visitation.i have told her I want my son to have my last name,and she does not like the idea.I also pay support.can i change his name legally through the court system without her consent.i am from michigan.

 

[I AM ALWAYS LIABLE]

i have proven custody,and have regular visitation.i have told her I want my son to have my last name,and she does not like the idea.I also pay support.can i change his name legally through the court system without her consent.i am from michigan.

My response:

This should have been taken care of at your earlier hearings. Now, it's going to cost you all over again.

While you need to have her served with a Petition for Name Change (Notice purposes), it's not a matter of getting "her permission" - - it's what the court decides. If she decides to fight the Petition, there's not much you can do about that, as it's her right to defend against such a request. But, again, ultimately, it's what the court decides, not her.

IAAL

 

[lacfej]

Thanks very much,you have been very helpful to me,and have alleviated some of my anxiety,in that I may have a chance of accomplishing this endeavor.Thanks again,Jeff Birch

 

[I AM ALWAYS LIABLE]

Thanks very much,you have been very helpful to me,and have alleviated some of my anxiety,in that I may have a chance of accomplishing this endeavor.Thanks again,Jeff Birch

My response:

Happy to oblige. Good luck to you.

Just one, final, note. Be aware that some jurisdictions, like California as just one example, would never hear a Petition like the one you seek - - unless it's "in the best interests of the child" to have a name change.

In California, for example, the common law rule giving the father a primary right to have the child bear his surname has been abolished. The sole consideration when parents contest a surname in custody disputes is the child’s best interest. The factors to be considered include the length of time the child has used a surname (although other factors may be controlling if the child is very young), the effect of a name change on preservation of the father-child relationship, the strength of the mother-child relationship, whether the mother decides to use her birth-given surname, and the child’s identification as part of a family unit. The symbolic role that a surname plays in easing relations with a new family must be balanced against the importance of maintaining the child’s relationship with the noncustodial biological parent.

This may very well be the law in your State, or something similar. Please check with an attorney about this before you do anything, and spend money, on your own.

IAAL