Legal Question in Family Law in Michigan

Re: How to change your legal name

Residency is not an issue. You and your son as residents of Michigan may use the courts here to petition for a name change.

Regarding your son's mother, since he is not yet of majority age, you would need to provide (attempt) notice. If a current address is known then you would need to serve her with the petition and time for the court hearing. If no address is known publication would be required.

Your son may want to wait until his 18th birthday to avoid these requirements. If I can be of any assistance please feel free to contact me.

Re: How to change your legal name

File a name change petition - the forms are available online at the state of michigan's website. there are actually court approved forms for this. you would file the petition in the county and state where you are currently residing. if you need assistance with preparing and filing the petition, please contact me.

thanks.

Re: How to change your legal name

It's not at all clear why you can't wait until he's 18 and able to make a decision regardless of what his biological parent thinks. It's also not at all clear that your scope of "legal guardian" gives you leeway to do something fundamental like change his name.

At 17, a teen can be emancipated. Some states merely require notice and an opportunity to be heard with respect to notifying the parent. So, at a certain age, it stands to reason that if a child can be emancipated, he can also change his name, although the process may require proof that the mother/parent was notified and either 1) had no objection, 2) that it shouldn't matter what the biological thinks as a matter of law or 3) that you as legal guardian are within your scope of authority to authorize a name change.

Consult local counsel to find out which approach (if not another) will best work for you.