Legal Question in Family Law in Indiana

Re: child wants to change name and father will not agree

Hello, I have received a copy of your e-mail regarding a name change for your daughter. The easiest way is to wait until she is 18 and have her change it on her own. That way nobody can stop her. Alternatively, you can petition the Probate Court to do so. She will have to explain why she desires to change her name. Have her explain the reasons to the Judge, i.e. same name as yours, honor step-father who has been her father-in-fact for the last "x" number of years, lack of any contact with biological father, etc. Good Luck. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

Re: child wants to change name and father will not agree

In response to your question, an individual seeking a name change must reside in a Michigan county for not less than one year to get a name change in that county's court. Briefly and generally, the consent of both parents is required, unless a noncustodial parent has neglected both support and contact for over two years. It appears from your facts that the noncustodial parent (biological father) has provided and is providing support. This would seem to prevent a name change under Michigan law, without the father's consent.