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Marriage or Divorce Sometimes, when parents divorce, if one parent is awarded the majority of custody, they may choose to change the child's last name.This could be the last name of one of the parents, a hyphenated last name, or even a name that represents the combining of the two last names.
How much does it cost? Filing a name change petition costs $175 in the state of Michigan. That said, you can request that the fees be waived if you can't afford them. To process your criminal background check, you'll have to pay an additional $43.25 in fees, plus any fees tacked on for getting fingerprinted.
Generally, both parents must agree to a name change. If you agree, each of you must sign the Petition or the Waiver/Consent form.Your child can sign the petition stating their preference. To change the name of a child who is 14 years old or older, that child must sign a consent form in front of the judge.
Filing a name change petition costs $175 in the state of Michigan. That said, you can request that the fees be waived if you can't afford them. To process your criminal background check, you'll have to pay an additional $43.25 in fees, plus any fees tacked on for getting fingerprinted.
If one parent is out of the picture, you don't need consent to change your child's last name. You do need to serve him or her with a conformed copy of the Order to Show Cause form. The other parent still does not have to consent or agree, just get served. Once served, a Proof of Service form must be filed.
If you have sole parental responsibility, you will be able to change your child's name without anyone else's consent or a Court approval. You will still need to seek legal advice from a solicitor to make a formal deed to change their name.
Complete and file the Petition to Change Name with the family division of the circuit court in the county where your child lives. Pay the required fees. Notify your child's other parent. Publish the Notice of Hearing (unless the judge orders your case be kept confidential)
Complete and file the Petition to Change Name with the family division of the circuit court in the county where your child lives. Pay the required fees. Notify your child's other parent. Publish the Notice of Hearing (unless the judge orders your case be kept confidential)
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Michigan, but does include basic and other provisions.
Name Change Action Allowed: In Michigan, a person may change their name by filing an action in the family division of the circuit court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is based upon sufficient reason and is not sought with any fraudulent intent. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change, that it is not sought with any fraudulent intent, and also that it is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be given notice of the Petition? The General Public by way of publication in a newspaper of general circulation in the jurisdiction in which the petitioner resides.
Can individuals object to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is based on a sufficient reason and/or sought with any fraudulent intent.
Procedures: The process for obtaining a name change for an adult in the State of Michigan begins with the filing of a Petition with the family division of circuit court in the county in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
After the Petition is filed and the required fee is paid, the Court will set the Petition for a hearing and order publication of notice of the hearing.
At the time of the hearing, the Court will hear any reasonable objections to the requested relief, may question the Petitioner as to the reasons for the petition for name change, and consider any questions raised as to the petitioner's intent. The court then may rule granting or denying the petition.
Additonal Information and Instructions
Statutes:
Order changing name of adult, minor, or spouse and minor children:
(1) The family division of the circuit court for a county may enter an order to change the name of an individual who has been a resident of the county for not less than 1 year and who in accordance with subsection (2) petitions in writing to the court for that purpose showing a sufficient reason for the proposed change and that the change is not sought with a fraudulent intent. If the individual who petitions for a name change has a criminal record, the individual is presumed to be seeking a name change with a fraudulent intent. The burden of proof is on a petitioner who has a criminal record to rebut the presumption. The court shall set a time and place for hearing and, except as provided in section 3 of this chapter, order publication as provided by supreme court rule.The judge of the family division of circuit court shall require the person making a petition under section 1 of this chapter to pay to the court to be remitted to the county treasurer for the use of the county a fee of $10.00, and shall furnish to the petitioner, if desired, a certified copy of the order made in the matter, upon payment of the required statutory fee. Michigan Compiled Laws, Probate Code of 1939, Act 288 of 1939, Chapters 711, Chapter XI Change of Name of Adult or Minor, Sec. 711.2.
Publication or availability of record of proceeding; placement of individual in physical danger;
(1) In a proceeding under section 1 of this chapter, the court may order for good cause that no publication of the proceeding take place and that the record of the proceeding be confidential. Good cause under this section includes, but is not limited to, evidence that publication or availability of a record of the proceeding could place the petitioner or another individual in physical danger, such as evidence that the petitioner or another individual has been the victim of stalking or an assaultive crime.Other Name Change References
Divorced woman; change of name:
The circuit courts of this state, whenever a decree of divorce is granted, may, at the instance of the woman, whether complainant or defendant, decree to restore to her her birth name, or the surname she legally bore prior to her marriage to the husband in the divorce action, or allow her to adopt another surname if the change is not sought with any fraudulent or evil intent. Michigan Ciompiled Laws, Chapter 552 Divorce, Act 299 of 1905, Sec.552.391 [M.S.A. 25.181 ].
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Michigan, but does include basic and other provisions.
Name Change Action Allowed: In Michigan, a person may change their name by filing an action in the family division of the circuit court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is based upon sufficient reason and is not sought with any fraudulent intent. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change, that it is not sought with any fraudulent intent, and also that it is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be given notice of the Petition? The General Public by way of publication in a newspaper of general circulation in the jurisdiction in which the petitioner resides.
Can individuals object to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is based on a sufficient reason and/or sought with any fraudulent intent.
Procedures: The process for obtaining a name change for an adult in the State of Michigan begins with the filing of a Petition with the family division of circuit court in the county in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
After the Petition is filed and the required fee is paid, the Court will set the Petition for a hearing and order publication of notice of the hearing.
At the time of the hearing, the Court will hear any reasonable objections to the requested relief, may question the Petitioner as to the reasons for the petition for name change, and consider any questions raised as to the petitioner's intent. The court then may rule granting or denying the petition.
Additonal Information and Instructions
Statutes:
Order changing name of adult, minor, or spouse and minor children:
(1) The family division of the circuit court for a county may enter an order to change the name of an individual who has been a resident of the county for not less than 1 year and who in accordance with subsection (2) petitions in writing to the court for that purpose showing a sufficient reason for the proposed change and that the change is not sought with a fraudulent intent. If the individual who petitions for a name change has a criminal record, the individual is presumed to be seeking a name change with a fraudulent intent. The burden of proof is on a petitioner who has a criminal record to rebut the presumption. The court shall set a time and place for hearing and, except as provided in section 3 of this chapter, order publication as provided by supreme court rule.The judge of the family division of circuit court shall require the person making a petition under section 1 of this chapter to pay to the court to be remitted to the county treasurer for the use of the county a fee of $10.00, and shall furnish to the petitioner, if desired, a certified copy of the order made in the matter, upon payment of the required statutory fee. Michigan Compiled Laws, Probate Code of 1939, Act 288 of 1939, Chapters 711, Chapter XI Change of Name of Adult or Minor, Sec. 711.2.
Publication or availability of record of proceeding; placement of individual in physical danger;
(1) In a proceeding under section 1 of this chapter, the court may order for good cause that no publication of the proceeding take place and that the record of the proceeding be confidential. Good cause under this section includes, but is not limited to, evidence that publication or availability of a record of the proceeding could place the petitioner or another individual in physical danger, such as evidence that the petitioner or another individual has been the victim of stalking or an assaultive crime.Other Name Change References
Divorced woman; change of name:
The circuit courts of this state, whenever a decree of divorce is granted, may, at the instance of the woman, whether complainant or defendant, decree to restore to her her birth name, or the surname she legally bore prior to her marriage to the husband in the divorce action, or allow her to adopt another surname if the change is not sought with any fraudulent or evil intent. Michigan Ciompiled Laws, Chapter 552 Divorce, Act 299 of 1905, Sec.552.391 [M.S.A. 25.181 ].