What is required to change my daughter's name legally?
Full Question:
Answer:
The need for a legal name change may result from marriage,
divorce, adoption, or simply a desire to have another name. Generally, a
person cannot change their name for a fraudulent purpose, such as to
avoid judgments or legal actions against him or her, or to avoid debts
and obligations. Other people's rights cannot be affected, and the use
of a curse word as a name would not be recommended. When a minor is
involved, the court will look to the best interest of the minor. A court
order is recommended for a name change and is required by most states.
In Michigan, a person who has not attained the age of 18 years is
considered a minor. The process for obtaining a name change for a minor
begins with a petition that is signed by the mother and father jointly,
by the surviving parent if one parent is deceased, by the guardian of
the minor if both parents are deceased, or by one of the minor's parents
if there is only one legal parent available to give consent. If either
parent has been declared mentally incompetent, the petition may be
signed by the guardian for that parent. The written consent to the
change of name of a minor 14 years of age or older, signed by the minor
in the presence of the court, shall be filed with the family division of
the circuit court in the county in which the petitioner resides. Notice
of the petition is required to be given to the general public by way of
publication in a newspaper of general circulation in the applicable
jurisdiction. The petition is used to inform the court of the minor'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 reasons for the petition for name change, and consider any
questions raised as to the parties’ intent. The court then may rule
granting or denying the petition. For an order of name change to be
granted, the court must find sufficient reasons for the change, that it
is not sought with any fraudulent intent, and that it is consistent with
the public interest.