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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son's father when assigned child support changed my son's

Customer Question

My son's father when assigned child support changed my son's last name to his, unknowingly to me. I found this out at the secretary of state office yesterday when I applied for his level one driver's license. I have nothing to prove that his name was changed, nor was I ever notified. How should I proceed? I am a resident of the state of michigan.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A parent cannot legally change the name of a child without notice to the other parent. If this was done, you have to go to the local family court and obtain a court order for contempt of court against him to remove, vacate, reverse the order of the court for the name change. If the court finds he improperly changed the name without notice to you, you would also be able to collect damages of any costs and attorney's fees you incurred in having to get the name changed back.

If there was no court order of name change then the Secretary of State's office has improperly changed the child's name and you need to inform them to change it back and provide them a copy of the child's recently obtained birth certificate. IF they refuse to make the change when you provide a recently obtained copy of the birth certificate, then you have to file a petition for declaratory judgment in the court.