Legal Question in Family Law in Michigan
In a child's name...
My daughter is 7 years old her father has been ordered in the state of Michigan to pay child support. He pays only when he feels like it. I have since remarried and have a son with my husband. My daughter has told me that she would like to have the same last name as the rest of the family. Do I need a lawyer to do this? Can I just go into family court and change her last name? Her father never did sign her birth certificate but paternity has been established. I live in Ohio there is no visitation order and in fact he has not seen my daughter since she was an infant. Please give me any information you can regarding my situation. your help is greatly appreciated!!!
1 Answer from Attorneys
Re: In a child's name...
The name change needs to be done in Probate Court. Normally, you need consent from the father, unless there has been no contact with him in excess of one year. That includes child support. If there has been no contact then you can fill out an affidavit and have the name changed anyway as he is served with the notice by publication.
Good Luck!!!