Legal Question in Family Law in Michigan
Re: Missing Mother
My step daughter has lived with us since she was 3. She is now 17. My husband's name is not on the Birth Certificate and she does not have his last name. The Mother could simply sign a notorized form and this could be taken care of. We haven't heard from the Mother in 14 years but know she is in Kalamazoo, MI. She was in prison for a while, we heard. Have written to addresses given to us but no reply. She cares nothing about my step-daughter and never will. She has several other abandoned children by other fathers. How can we get my husband on the certificate as the father and change my daughter's name to ours. She can't even get a driver's permit because he can't legally sign for her. Thanks for any advice you can give me..
2 Answers from Attorneys
Re: Re: Missing Mother
To start out, he could at least apply for a guardianship. This would give him the right to sign legal forms, etc. My guess is that on your daughter's birth certificate, there is enough information that the mother could be located. Hire an investigator using that information. I bet the mother will sign whatever he wants. Bill Stern 248-353-9400
Re: Re: Missing Mother
There appears to be several issues here. Has paternity ever been established? It may have been at some time, such as in a custody or child support proceeding and still not be reflected on the birth certificate. I assume that you have been able to enroll the child in school and obtain medical care over the years. What did your husband use as proof that he was the father of the child? If there is a recognized parental relationship then the childs name can be changed without the mother's permission- she does just needs to be given notice and that can be done legally even if you don't know exactly where she is. Also, if there is a court recognized parental relationship, you can petiton to have the birth certificate amended. I would suggest that you need to contact an attorney for specific guidence on how to proceed.
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