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Changing a Child's Name When the Current Surname Isn't That of Father

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  • 03-12-2017, 04:04 PM
    aguyfrommichigan
    Changing a Child's Name When the Current Surname Isn't That of Father
    My question involves name change laws in the State of: Michigan

    (not real names)

    Joe Smith and Sophie Jones dated in high school and had one child: Ruby Jones (child took mother's maiden name). Father is not on child's birth certificate, but both parties signed an Affidavit of Parentage.

    Joe and Sophie split, and there is a custody order in place in which parties have joint legal custody.

    Sophie (mother) is getting married, her new name will be Sophie Johnson. As a result, their child in common will have NEITHER of their last names.

    Can the mother change the child's name to match her new name without the father's consent, being that the child never had her father's last name to begin with?
  • 03-12-2017, 04:21 PM
    Mr. Knowitall
    Re: Changing a Child's Name When the Current Surname Isn't That of Father
    Quote:

    Quoting aguyfrommichigan
    View Post
    Father is not on child's birth certificate, but both parties signed an Affidavit of Parentage.

    Why would the parents sign an AOP, then fail to file it with the state?
    Quote:

    Quoting aguyfrommichigan
    Joe and Sophie split, and there is a custody order in place in which parties have joint legal custody.

    Then even if we assume the AOP wasn't filed, the custody court has issued an order reflecting paternity.
    Quote:

    Quoting aguyfrommichigan
    Can the mother change the child's name to match her new name without the father's consent, being that the child never had her father's last name to begin with?

    The mother either needs the father's consent, or she needs to convince the court overseeing the name change petition that the name change is in the child's best interest. The child's father would have the right to oppose the petition, or to ask the court to instead change the child's surname to his.
  • 03-12-2017, 04:38 PM
    aguyfrommichigan
    Re: Changing a Child's Name When the Current Surname Isn't That of Father
    Thank you for taking the time to reply and help. A couple of follow-up questions:

    1. Would "I don't want my child to be the only person in her family with a different last name and be the odd one out" be considered a reason in the child's best interest? (she's 5, if that's relevant)
    2. Would this be overseen by the Friend of the Court Referee who signed the custody order or would this be a matter for the Probate Judge?
    3. Anything else you feel might be helpful as you become more familiar with this situation?
  • 03-12-2017, 05:33 PM
    Mr. Knowitall
    Re: Changing a Child's Name When the Current Surname Isn't That of Father
    This isn't the 1960's. Families and schools have lots of kids who don't share the same surname.

    FOC has absolutely nothing to do with name change issues.
  • 03-12-2017, 05:49 PM
    Dogmatique
    Re: Changing a Child's Name When the Current Surname Isn't That of Father
    Quote:

    Quoting aguyfrommichigan
    View Post
    Thank you for taking the time to reply and help. A couple of follow-up questions:

    1. Would "I don't want my child to be the only person in her family with a different last name and be the odd one out" be considered a reason in the child's best interest? (she's 5, if that's relevant)
    2. Would this be overseen by the Friend of the Court Referee who signed the custody order or would this be a matter for the Probate Judge?
    3. Anything else you feel might be helpful as you become more familiar with this situation?

    Counterpoint to #1: Y'all change your names to match the 5 year old's last name.
  • 03-12-2017, 06:25 PM
    Mark47n
    Re: Changing a Child's Name When the Current Surname Isn't That of Father
    Quote:

    Quoting Dogmatique
    View Post
    Counterpoint to #1: Y'all change your names to match the 5 year old's last name.

    I like this solution. This is definitely the best course of action.
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