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  1. #1

    Default Name Change

    My daughter was born during the time of my marriage, but she is not his biological child. Because she was born in wedlock, my ex-husband was given joint custody instead of her biological dad who is and has been in the picture and a part of her life. I am currently living with her biological dad and my ex-husband still has joint physical and legal custody and pays child support. He does see her during his scheduled times. I recently changed her birth certificate to reflect her biological father and in the process we changed her last name to that of her biological father rather than my ex-husband's name. My ex is very mad and said I did it illegally. I contacted the State of Michigan where we live and had all the necessary paper work I needed to do the birth certificate and name change. Can he make me change her name back to his even if we have the DNA test and the divorce decree says she was "not a product of the marriage"? No one in our state can tell me for sure as this is a unique case. I don't want my ex to give up any of his rights, but I do want my daughter to have her biological fathers name as she knows him as her daddy.

  2. #2
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    Default Re: Name Change

    Quote Quoting Confused in Commerce
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    My daughter was born during the time of my marriage, but she is not his biological child. Because she was born in wedlock, my ex-husband was given joint custody instead of her biological dad who is and has been in the picture and a part of her life. I am currently living with her biological dad and my ex-husband still has joint physical and legal custody and pays child support. He does see her during his scheduled times. I recently changed her birth certificate to reflect her biological father and in the process we changed her last name to that of her biological father rather than my ex-husband's name. My ex is very mad and said I did it illegally. I contacted the State of Michigan where we live and had all the necessary paper work I needed to do the birth certificate and name change. Can he make me change her name back to his even if we have the DNA test and the divorce decree says she was "not a product of the marriage"? No one in our state can tell me for sure as this is a unique case. I don't want my ex to give up any of his rights, but I do want my daughter to have her biological fathers name as she knows him as her daddy.
    Did your ex SIGN and give his permission for the name change?

    If he did, you did nothing illegal.

    However, if he did NOT sign, you did get it changed illegally. In that situation don't be surprised when a Judge orders you to change everything back.

  3. #3

    Default Re: Name Change

    Thank you for your quick response!! I did not have my ex sign anything. I went through the State of Michigan who told me that if I had all the paper work they required, then I could do the change without his permission as the Friend of the Court has their own views on the father and the state of Michigan has their rules or whatever. Will I end up having to change the father's name back as well, so that the birth certificate will then be false??

  4. #4
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    Default Re: Name Change

    Quote Quoting Confused in Commerce
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    Thank you for your quick response!! I did not have my ex sign anything. I went through the State of Michigan who told me that if I had all the paper work they required, then I could do the change without his permission as the Friend of the Court has their own views on the father and the state of Michigan has their rules or whatever. Will I end up having to change the father's name back as well, so that the birth certificate will then be false??
    You can fully expect that your ex will prevail in court. No parent has the right to change a child's name without getting written permission from the other parent, or a court order allowing the name change.

  5. #5

    Default Re: Name Change

    Thank you again for your information and quick response. I was talking with my daughter's biological father and now I'm wondering about the divorce decree and the fact that we had "not a product of the marriage" written in there. My ex signed the divorce decree with that statement in there. Is that him signing something of any importance to me and my original question?? What is the significance of us putting that phrase in our divorce decree? I was told that it was a good idea to put it in so that in the future her biological father may be able to do something in terms of getting some kind of rights. Was that correct information that we were given by a lawyer here in Walled Lake?? Or did we put it in and it means nothing? Thanks a bunch!!

  6. #6
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    Default Re: Name Change

    My question is this. If you want your daughter to have the name and rights of her biological father, then why not relieve your ex husband from paying child support and ask him to let her "father" adopt her.

    I believe Xena is correct. You changed her name illegally, as you should have undergone a legal name change, notifying the child's LEGAL father of the name change and this should have had a hearing in court - where he would have been able to contest it and win. The child is already a party in a court case, and that court should have had say in the changing of the child's name.

  7. #7
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    Default Re: Name Change

    Quote Quoting CourtClerk
    If you want your daughter to have the name and rights of her biological father, then why not relieve your ex husband from paying child support and ask him to let her "father" adopt her.
    Excellent idea.

  8. #8
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    Default Re: Name Change

    Quote Quoting Happy Trails
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    Excellent idea.
    I thought so... but then the CS would stop.

  9. #9
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    Default Re: Name Change

    Typically, when a divorce judgment states that a child is not the issue of the marriage, it is with the purpose of ending the husband's obligations (and rights) relating to the child. This sounds unusual, in that it sounds like you pushed for that language but dad wanted to maintain his parental rights, so the judgment contains provisions that are somewhat at odds with each other. I would have to read the judgment to try to make sense of it, and even then I'm not sure whether it would make sense. My big question at this point is whether the judgment continues to treat your ex-husband as the child's legal father, or if the judgment instead regards him as a third party with custody rights.

  10. #10

    Default Re: Name Change

    Wow, great info, thanks everyone!!! I did try to relieve my ex of his duties and had the DNA test done hoping that he would bow out gracefully, but he fought for joint custody anyway. The divorce decree does give my ex joint legal and physical custody and names him as the "legal father". I just have such a hard time with this ruling as he pretty much abandoned us during the first year of her life and lived in our spare bedroom as he wanted nothing to do with us at home or at any family functions. But the minute he found out I had cheated he wanted to get full custody of her for whatever reason, knowing she was not his. I guess we will just have to go to court and I'll be prepared to have him win. Thank you again for all your advice, it was all very helpful.

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