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  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Default Wanting Son's Name Changed to Mine

    My question involves name change laws in the State of: Michigan

    My baby was born 11 months ago out of wedlock. I told the mother that I
    would have a paternity test taken when he was born. I have done and always will do everything I can for my son. We wanted to keep things out of the court system but she wouldn't sign the affidavit of parentage to make me the legal father. We came up with our own contract and payments but still no luck. She wouldn't let me take my son out of her apartment until she got served with papers from the counts.(son about 5 months old then) I am now the legal father and have some temperary custody set-up so far. I am now married to a girl that I had a crush on 27 years and we live in my home with her two adopted children. I am the plaintiff and she is contesting the name change and joint physical. I'm looking for any other reasons I can give the court to win. What are my chances of getting his last name changed to mine? Here are some of my reasons for the name change:
    1.) I always wanted him to have my last name.
    2.) She has gone back and forth about the last name several times, even after he was born
    3.) Their last name is from her ex-husbands.
    4.) She didn't like or want her maiden name back.
    5.) She had a dimestic violance against he with her ex-husband
    6.) My son has no (their last name) blood in him.
    7.) If/when she remarries mom will have a different last name.
    8.) She said that he could have my last name in honor of my dad at one time, he passed away 5 years ago
    9.) My ancestors used their mothers maiden name as the childs middle name
    10.) My family history branch/chart depends on him passing on the surname name. If he doesn't get my last name, my branch that goes back 144 years will end with me.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wanting Son's Name Changed to Mine

    None of your reasons are enough to guarantee that the court will grant the name change. They all boil down to "I want" and "me", with no attention paid to the change's impact on the child.

    You need to reformulate your wishes in such fashion as to prove that the change of name is for the good of the child, not the good of your ego.

    The court will grant a name change for a minor only after finding clear and convincing evidence that such a change would be in the best interests of the child. Significant weight is given to the wishes of the custodial parent and the reasoning behind those wishes. Your wishes must also be well reasoned and clearly show that they are in the best interests of the child.

  3. #3
    Join Date
    Dec 2008
    Posts
    3

    Default Re: Wanting Son's Name Changed to Mine

    Sorry but I didn't think #7 was about "me" or an "I want." Mainly for the fact that one day his mother may remarry and have other children whom may carry on their fathers last name. Then he will wonder why he didn't carry his fathers and they do. My sons last name would then be different from both of his parents. I am also fighting for 50/50 physical custody at the same time. I didn't post that information earlier.

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