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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 39453
Experience:  30 years as a family law lawyer .
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I was married and now ex wife was pregnant and we were in the

Customer Question

I was married and now ex wife was pregnant and we were in the process of divorce. We were still married when child was born. My ex wife gave the child her maiden name as last name without my consent. I never signed anything. Is this legal in Michigan?
Submitted: 11 months ago.
Category: Family Law
Expert:  RayAnswers replied 11 months ago.
Hi and welcome to JA. Ray here to help you today. You can ask the court to correct this in the decree since you are divorcing.You can also go through vital statistics but his way is easier.Once you have decree clerk can help you send decree to vital statistics to amend the birth certificate.This is correctable in the divorce.I can understand why you want this corrected with the decree and on her birth certificate.Your lawyer can help with this as well.You are likely going to need one to resolve all the issues of custody, child support, name, etc.The decree reflect child was born of marriage and court can order name change because you were still legally married at the time here in Michigan.An amended birth certificate is issued and that is then the permanent one with her new name from decree. I appreciate the chance to help you and wish you the best here moving on.Sorry she did this to you , it is correctable.
Customer: replied 11 months ago.
The child was born and then the divorce was finalized after the birth. The original documents I signed pertaining to the divorce had no name on them pertaining to the child including those documents from friend of the court. Can she legally have given the child a different last name from my own?
Expert:  RayAnswers replied 11 months ago.
She can but you can write the judge here pointing out you were married and child should have your name here.It is correctable but you have to raise it with the judge and have an order issued changing name--just like a spouse can have her name changed during the process you can get the child to have your name. If you didn't have a lawyer write the judge on the case and ask for a hearing on the issue of name change for child and explain it to him.That gives you a chance to speak at a hearing on the issue.I think you have great facts to seek to have it changed since you were still married. Thanks again.
Expert:  RayAnswers replied 11 months ago.
Michigan law In order to change a child’s last name a court must enter an order allowing the change to occur. A parent petitioning for a child’s name change must notify the other parent and any interested parties, and allow them an opportunity to object to the name change at a hearing. So here you need to motion the court to chaneg child's last name and ask for a hearing on it.You have rights to do this. Appreciate the chance to help, if you can positive rate it is always much appreciated.