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  1. #1

    Default How to Change the Last Name of My Son

    My question involves name change laws in the State of: Michigan.
    my sons father has not signed the birth certificate, although my son has his last name. his father is not in my sons life at all. Is it possable to change my sons last name to mine, without him being aware of the change? how does that all work? is it a difficult process?

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Change the Last Name of My Son

    If no father has been legally identified, no father can object.

  3. #3
    Join Date
    Feb 2007
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    2,031

    Default Re: Change the Last Name of My Son

    Quote Quoting cyjeff
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    If no father has been legally identified, no father can object.
    Ahh...Jeff?? Not true. She will need to serve Dad for the change. Unless the OP's name is Mary and Dad is the Holy Ghost.

  4. #4
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    Jan 2006
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    38,867

    Default Re: Change the Last Name of My Son

    Quote Quoting Baystategirl
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    Ahh...Jeff?? Not true. She will need to serve Dad for the change. Unless the OP's name is Mary and Dad is the Holy Ghost.
    If there is no father of record, then who shall she serve?

    In Michigan, unless there is a father of record, the mother has full legal custody of the child. As such, I suspect there will be no need to serve anybody of the name change.

  5. #5
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Change the Last Name of My Son

    I expect that the court would order service upon the putative father.
    Quote Quoting MCR 3.921(D) Proceedings Involving Juveniles - Persons Entitled to Notice
    (D) Putative Fathers. If, at any time during the pendency of a proceeding, the court determines that the minor has no father as defined in MCR 3.903(A)(7), the court may, in its discretion, take appropriate action as described in this subrule.
    [indent](1) The court may take initial testimony on the tentative identity and address of the natural father. If the court finds probable cause to believe that an identifiable person is the natural father of the minor, the court shall direct that notice be served on that person in any manner reasonably calculated to provide notice to the putative father, including publication if his whereabouts remain unknown after diligent inquiry. Any notice by publication must not include the name of the putative father. If the court finds that the identity of the natural father is unknown, the court must direct that the unknown father be given notice by publication. The notice must include the following information:
    (a) if known, the name of the child, the name of the child's mother, and the date and place of birth of the child;

    (b) that a petition has been filed with the court;

    (c) the time and place of hearing at which the natural father is to appear to express his interest, if any, in the minor; and

    (d) a statement that failure to attend the hearing will constitute a denial of interest in the minor, a waiver of notice for all subsequent hearings, a waiver of a right to appointment of an attorney, and could result in termination of any parental rights.
    (2) After notice to the putative father as provided in subrule (C)(1), the court may conduct a hearing and determine, as appropriate, that:
    (a) the putative father has been served in a manner that the court finds to be reasonably calculated to provide notice to the putative father.

    (b) a preponderance of the evidence establishes that the putative father is the natural father of the minor and justice requires that he be allowed 14 days to establish his relationship according to MCR 3.903(A)(7). The court may extend the time for good cause shown.

    (c) there is probable cause to believe that another identifiable person is the natural father of the minor. If so, the court shall proceed with respect to the other person in accord with subrule (C).

    (d) after diligent inquiry, the identity of the natural father cannot be determined. If so, the court may proceed without further notice and without appointing an attorney for the unidentified person.
    (3) The court may find that the natural father waives all rights to further notice, including the right to notice of termination of parental rights, and the right to an attorney if
    (a) he fails to appear after proper notice, or

    (b) he appears, but fails to establish paternity within the time set by the court.

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