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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13890
Experience:  Experienced in multiple areas of the law.
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I had a baby 3 months ago and me and the father are not on

Customer Question

I had a baby 3 months ago and me and the father are not on good terms and I want to change her last name and get him off the birth certificate
JA: Family law varies by state. What state are you in?
Customer: Michigan
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 year ago.

Thank you for your patience. I understand what you want to do, unfortunately legally it may not possible.

In Michigan, to change the name of a child who is less than 14 years old, both legal parents must agree to the proposed name change. If both parents do not consent, the custodial parent must prove to the court that the noncustodial parent has not provided regular or substantial support for the child, or has not substantially complied with a court order for support, for 2 years before the filing of the petition, and that the noncustodial parent has substantially failed to contact or visit the child for 2 years before the filing of the petition. The noncustodial parent must be given legal notice of the hearing and an opportunity to object to the proposed name change. The legal parents' rights are NOT terminated by a name change. Thus, if the father does not consent, you will not be able to file a petition at this time.

Similarly, while there is an application for removal of father on birth record in Michigan, it requires proof of non-paternity. In other words, a man who is the biological father is not going to be allowed to simply act as if he is not the father and have his name removed, even if both parents consent.

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Expert:  RobertJDFL replied 1 year ago.

Was there some additional information you needed or additional clarification I could provide? If so, please reply and let me know, as I'm here to help! Otherwise, kindly remember to click on the stars to leave me a positive rating, so I am credited for my time and assistance, as that is the only way experts on this site are paid. Thank you!