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Mother Changed Child's Last Name Without Father's Consent

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  • 03-26-2014, 03:27 PM
    Everybodyloveeverybody
    Mother Changed Child's Last Name Without Father's Consent
    My question involves name change laws in the State of: Michigan

    Hi, my son is under a year old. He was given my last name. I did not sign the birth certificate when he was born as I wanted a paternity test. Was still an active part of his life until results came back and when they did the mother and I filed an affidavit of parentage and filed it with the central paternity registry. While in the process of filing that the mother requested to be put on state assistance so the prosecutors office had started a paternity case (although I'd already willingly acknowledged myself as the father) I was told by the mother shed informed the office that we'd signed that and there was a "default judgement" naming me the legal father as well. I have court ordered child support and visitation ( she's denying visitation currently)


    Found out yesterday shed filed something with vital records and changed his last name from mine to hers. Wondering if she legally can do that without my consent? On the paperwork I've printed to change the name or add father it states both need to consent and online it says that as well but vital records states his name is now legally her last name and didn't need my consent. Help? Is this legal?
  • 03-26-2014, 04:24 PM
    llworking
    Re: Mother Changed Child's Last Name Without Father's Consent
    Quote:

    Quoting Everybodyloveeverybody
    View Post
    My question involves name change laws in the State of: Michigan

    Hi, my son is under a year old. He was given my last name. I did not sign the birth certificate when he was born as I wanted a paternity test. Was still an active part of his life until results came back and when they did the mother and I filed an affidavit of parentage and filed it with the central paternity registry. While in the process of filing that the mother requested to be put on state assistance so the prosecutors office had started a paternity case (although I'd already willingly acknowledged myself as the father) I was told by the mother shed informed the office that we'd signed that and there was a "default judgement" naming me the legal father as well. I have court ordered child support and visitation ( she's denying visitation currently)


    Found out yesterday shed filed something with vital records and changed his last name from mine to hers. Wondering if she legally can do that without my consent? On the paperwork I've printed to change the name or add father it states both need to consent and online it says that as well but vital records states his name is now legally her last name and didn't need my consent. Help? Is this legal?

    Just to make sure that you are not confused, what name originally appeared on the child's birth certificate? You do realize that adding you as the father does not change the last name given to the child at birth? However, if mom changed the child's last name before you were officially the child's father, then no, your consent would not have been needed.
  • 03-26-2014, 05:28 PM
    Everybodyloveeverybody
    Re: Mother Changed Child's Last Name Without Father's Consent
    My last name originally appeared as the last name. I became the legal father in August from the affidavit and received a child support order in December yet again stating I was the legal father.

    She changed his last name 2 weeks ago to hers while adding me onto the cert. so he now has her last name

    So I have been the legal father since last year and then this year she changed it.
  • 03-26-2014, 05:30 PM
    llworking
    Re: Mother Changed Child's Last Name Without Father's Consent
    Quote:

    Quoting Everybodyloveeverybody
    View Post
    My last name originally appeared as the last name. I became the legal father in August from the affidavit and received a child support order in December yet again stating I was the legal father.

    She changed his last name 2 weeks ago to hers while adding me onto the cert. so he now has her last name

    So I have been the legal father since last year and then this year she changed it.

    I don't see how she could have done that unless you accidentally signed something allowing that to happen. Name changes cannot just be made arbitrarily. They have to be ordered by a judge.
  • 03-26-2014, 05:45 PM
    Everybodyloveeverybody
    Re: Mother Changed Child's Last Name Without Father's Consent
    Nothing was signed and I was not notified at all. I found a facebook post by the mother yesterday, and today called the vital records office and they said, "Yes the name has been changed"

    I am as baffled as you are because everything that I have read states that I would have to consent to it, and I would also have to be notified of the change. So I am assuming from here, its just finding a lawyer to figure out how she was able to do this?

    - - - Updated - - -

    Would it make a difference at the fact that the child is under one year old?
  • 03-26-2014, 05:58 PM
    llworking
    Re: Mother Changed Child's Last Name Without Father's Consent
    Quote:

    Quoting Everybodyloveeverybody
    View Post
    Nothing was signed and I was not notified at all. I found a facebook post by the mother yesterday, and today called the vital records office and they said, "Yes the name has been changed"

    I am as baffled as you are because everything that I have read states that I would have to consent to it, and I would also have to be notified of the change. So I am assuming from here, its just finding a lawyer to figure out how she was able to do this?

    - - - Updated - - -

    Would it make a difference at the fact that the child is under one year old?

    No, that doesn't make a difference. It would still take a court order to change a child's last name.

    Now, what could have happened is that she got the court order before you were established as the father, but just got around to changing the name with the vital records division.
  • 03-26-2014, 07:19 PM
    Everybodyloveeverybody
    Re: Mother Changed Child's Last Name Without Father's Consent
    All the court orders to date have had my last name. Just going to have to speak with lawyer about it. Thank you for the advise.
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