Can I petition a judge to change my son’s last name to mine?

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Can I petition a judge to change my son’s last name to mine?

I have stated my wishes since his birth. I am married and had a child out of wedlock but was not present at birth; I arrived 5 days late as I was on a bus trying to get there. My son’s mother gave her last name to him and I have been trying to get it changed. She has physical custody and we share joint legal custody even though we never really went to court for this; it was established with child support.

Asked on December 17, 2012 under Family Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you can petition the court to have your son's name changed as to yours. I suggest that you consult with a family law attorney as to what is required. You will need to serve notice of the petition on the mother, publish the request in a newspaper designated by the court once a week for a month and have a hearing on the issue.


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