There are many reasons why a parent may want to change his or her child's name from bullying to gender affirmation to changes in family status. Changing the name of a minor isn't always a difficult task. Knowing when and how to file a petition for name change, and the role your child will play in the court proceedings, is key to giving your child a brighter future with his or her new chosen identity.
How to File a Petition for Name Change
Under Michigan law, any Michigan resident who has lived in the state for at least one year can change his or her own name for any non-fraudulent purpose, simply by filing a petition with his or her local family court and following the Michigan court rules' procedure. That same petition can request a name change for themselves, their spouse, and any dependent children they may have.
In addition, when a couple gets divorced, the Michigan family court can include an order changing a party's name as part of the Judgment of Divorce. However, doing that can sometimes leave parents and their children with different last names. This is one of many reasons why a parent may want to change the name of a minor in his or her care.
Changing the Name of a Minor When Parents Agree
The easiest way to change the name of a minor is for both parents to consent (or agree) to the change. This may happen if:
- Correcting spelling errors or mistakes on a birth certificate
- Immigrant families are trying to make spelling or pronunciation of the child's name easier
- Supportive parents are affirming a transgender child's gender identity or expression
- Adopting culturally or religiously significant names
- Avoiding bullying or harassment based on the child's name
Whether a child's parents are married when the petition for name change is filed doesn't matter. If both parents consent to the child's name change, and all the other procedural requirements are met, the Court will enter an order legally changing the name of the minor after a short hearing.
How a Custodial Parent Can Get a Child's Name Changed
In some cases, you only need one parent's consent to change the name of a minor. This is true if that parent has sole legal custody or the child's other parent is deceased.
A guardian can also file a petition changing the name of a minor if both the child's parents are deceased. In each of these circumstances, it is up to the custodial parent or guardian to show that the requirements have been met to enter the order changing the name of the minor without the other parent's consent.
Changing a Child's Name Over the Other Parent's Objection
Whenever a custodial parent files a petition changing the name of a minor, the non-custodial parent is entitled to notice of the petition and an opportunity to attend the hearing and object to the name change. A Michigan family court judge will only change a child's name over the other parent's objection if:
- The non-custodial parent has failed to support and contact the child for two years
- The non-custodial parent has been convicted of child abuse or criminal sexual conduct toward the child or a sibling
These are high standards to meet. Essentially, the custodial parent needs to show the same basis to terminate the parent's rights (like in a stepparent adoption case), as to change the child's name. But in at least one case, the Court granted a common-law name change when the statutory grounds were not met based on the child's best interests when the parent had had no contact with the child for three years but continued to pay support.
Name Changes as Part of a Stepparent Adoption
A name change isn't the same as a stepparent adoption. If a custodial parent has remarried and is trying to consolidate his or her family, a name change may seem like an easy answer. Unfortunately, adopting a person's last name does not carry with it the legal rights and obligations of a legal parent. To do that, custodial parents and their spouses will need to file a petition for stepparent adoption. The good news is that when that adoption process is over, the Michigan family court can order that the child's birth certificate be changed, and that includes adopting a new name to match the minor's new legal parent.
The Child's Role in Name-Change Proceedings
Most parents reasonably want to keep their children out of court. They may worry about what their kids will hear in the cases called before or after theirs or not want them to have to miss school to attend the hearing. Until recently, children age 14 or older had to sign a form consenting to their name change in court in front of a judge after being placed under oath. This can be a very positive experience for some teenagers, especially if they are the ones saying they want the change to happen. But for other children, standing in front of a judge for any reason and speaking in public can be nerve wracking or even traumatic. Because of this, in 2024, Michigan law changed. While teens age 14 or older still have to sign a consent form agreeing to their name change, they no longer have to come to court to do it.
Get Help from a Michigan Family Lawyer in Changing the Name of a Minor
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you in changing the name of a minor in your custody, to make sure everything is done correctly, and completely. Call us at 248-651-4114 or contact us here to speak to an attorney.
