Legal Question in Family Law in Michigan
I live in Michigan and have a five year old child whose father walked away in the middle of my pregnancy. I have not heard from him since then, his name is not on the birth certificate and obviously do not recieve child support. I am getting married soon and would like to change my child's last name to my married name, as my soon to be husband has been in the her life since shortly after she was born. He loves her like his own and is more involved as a father to her than most natural fathers I know. We plan on having more children and I would really like her if at all possible to have the same last name as the rest of us. What are the steps I'd need to take?
Ultimately, we would love for him to be able to adopt her. However her biological father was violent with me in the end of our relationship, and I feel it is in her best interest both emotionally and physically, that things remain the way they are and he does not come around. I would like to avoid contacting him as I feel this would be like "waking a sleeping bear". I have tried to do internet research but would like some direct advice from someone who knows Michigan law.
1 Answer from Attorneys
Getting your daughter's last name changed is easy-- you can file a petition for name change in the circuit court where you live. The courts generally have packets so you can do it yourself as most people do. If not, most attorneys only charge a nominal fee. The process should take around a couple months or so.
Once married, your husbamd could file for a step-parent adoption. It is a complex process with a lot of paperwork and legal nuances. The biggest hurdlle will be getting her biological father's rights terminated. Without an acknowledgement of paternity he is only her putative father at this point and not the legal father. He would have to be deermined by the courts to be the legal father and then his rights would have to be terminated. If he cannot be located and would be willing to terminate his rights voluntarily, then an action within the adoption proceeding to involuntarily teterminate his paental rights would have to be initiated. While some people represent themselves in adoption cases, I always strongly urge people to retain a lawyer in adoption cases where the parent either has to be located or the rights have to be involuntarily terminated because the process is so much more complicated, both practically and legally. This entire process take around six to seven months but in the end will be well worth it.
Contact an attorney in your area that handles a lot of relative and step parent adoption cases. This is a complex area of the law and you need someone who really specializes in it. I would be willing to offer a free consultation or to go over the matter with you in more detail. Feel free to contact us at (517) 614-1983 to discuss the process and how we might be able to help. Good luck on the marriage and your new life together.
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