Changing Your Minor Child’s Name

There are special rules to changing the name of a child under 18 years old, especially if only one parent is asking the court for it. This article covers the process and requirements needed to change a minor child’s name. Read this article if you want to change your child’s name, or your child’s other parent wants to change your child’s name.

When You and Your Child’s Other Parent Agree

Generally, both parents must agree to a name change. If you agree, each of you must sign the Petition. Read the "Process and Requirements" section below to learn about completing and filing the petition.  

If your child is younger than 14 years old (typically seven or older), the judge will consider your child’s wishes if the judge decides your child is old enough to express a 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. 

When You and Your Child’s Other Parent Do Not Agree

If you want to ask the judge to change your child’s name without the other parent's agreement, you must be a custodial parent. A custodial parent has sole or joint legal custody of the child. If the other parent has joint legal custody and they do not agree to sign the petition, you can't change your child's name.

If your child's other legal parent is a noncustodial parent (meaning they do not have legal custody), the name change process will be easier if they agree to sign the petition. If they do not agree to a name change for your child, the judge may still grant the name change if the noncustodial parent:

• Had the ability to pay support, but did not provide your child with substantial support for the last two years, AND had the ability to contact or visit your child, but has not had substantial contact with your child in the last two years; OR
• Has been convicted of child abuse or a sexual assault crime and your child or one of your child’s siblings was the victim OR
• Has been convicted of first or second degree murder.

The noncustodial parent must be given legal notice of the hearing and have a chance to object to the proposed name change. You must mail a copy of the Notice of Hearing and Petition for Name Change to the noncustodial parent and file the Proof of Service with the court. If the noncustodial parent is missing, you must publish a notice with their name, to try to notify them about the name change. The Do-It-Yourself Name Change tool will create the forms you need to do this.

If your child is younger than 14 years old (typically seven or older), the judge will consider your child’s wishes if the judge decides your child is old enough to express a preference. In order to change the name of a child who is 14 years old or older, your child must sign a consent form in front of the judge.

When One Parent Is Dead or Legally Unable to Agree

If your child’s other parent is dead, then only your consent is needed. If a parent has been found mentally incompetent by a court, then the parent’s guardian can agree in their place.

My Child’s Other Parent Wants to Change Our Child’s Name

If your child’s other parent wants to change your child’s name, you can agree to the name change or you can object to it. If you have legal custody of your child, the other parent needs your permission to change the child's name.

If you agree to the proposed name change, you can sign the Petition for Name Change or you can sign the Waiver/Consent form. You do not need to attend the hearing unless the judge requests it. Once you have agreed to the name change and the judge issues the order, you cannot change your mind.

You must attend the hearing to object to the proposed name change. For a child’s name change to be lawful, you must receive notice of the hearing. You should receive copies of the Petition for Name Change and the Notice of Hearing. During the hearing you will be allowed to tell the judge why you object to the proposed name change.

If you are a noncustodial parent, the judge might still approve the name change despite your objection if:

• You had the ability to pay support, but did not provide your child with substantial support for the last two years, AND had the ability to contact or visit your child, but have not had substantial contact with your child in the last two years; OR
• You have been convicted of child abuse or a sexual assault crime and your child or one of your child’s siblings was the victim; OR
• You have been convicted of first or second degree murder.

If you receive notice of the hearing but do not do anything, you lose the ability to object to the proposed name change. The judge could order the child’s name be changed without hearing your opinion about the proposed name change.

What Can I Do if My Child Petitions the Court for a Name Change?

Minors can file petitions to change their own names if they are at least 14 years old. The minor must have both legal parents sign the petition or a Waiver/Consent form before a judge will issue the order. You have the same options listed above for objecting to your child’s request for a name change. The same rules about your involvement in your child’s life and your ability to object to the name change apply.

Name Change Process and Requirements

The process of changing your child’s name begins by completing the Petition for Name Change. You can change more than one child’s name at the same time with the same petition. You can use our Do-It-Yourself Name Change tool to complete your petition.

Along with the other information required in your petition, you must say why you want to change your child’s name. The reason for wanting to change your child’s name cannot be fraudulent, meaning it cannot be meant to trick people.

Once you have completed the petition, file it with the family division of the circuit court in the county where your child lives. Your child must have lived in that county for at least one year before you file the petition. It costs $175 to file the petition. If you cannot afford to pay this, you can ask the judge to waive the fees. Read Fee Waivers in Court Cases to learn more about fee waivers.

Publishing Notice of the Name Change

The Process

Most notices of name change hearings must be published in a local newspaper. This gives people your child’s name change may affect a chance to object to it. You can use our Do-It-Yourself Name Change tool to get the Publication of Notice of Hearing Form. If your child’s other parent is missing, their name will be included on the notice as well.

If publishing notice of the hearing would be dangerous or harmful, you can ask the judge not to publish. For more information, read Asking the Judge NOT to Publish Notice of the Name Change below.

Some courts work directly with the local Legal News for publication. In these courts, a copy of the Publication of Notice of Hearing form will be sent to the Legal News for publishing when you file. The Legal News will bill for the amount owed. After the fee is paid, the Legal News will mail you the original Affidavit of Publication for you to file with the court.

Other courts require you to contact a local newspaper to have it publish the notice. You may need to ask the newspaper to publish the notice right away.

After the local newspaper publishes your child’s name change notice, submit a copy of the published notice and Affidavit of Publication to the court. The newspaper must complete the Affidavit of Publication, not you. The Affidavit of Publication must list the qualifications of the newspaper and the date or dates the notice was published.

Most newspapers have a standard affidavit form they use. If the newspaper publishing the hearing notice does not, you can send it this Affidavit of Publication Form.

The judge will not sign the order granting your child’s name change without the published notice and Affidavit of Publication.

The notice must be published before your child’s name change hearing. Depending on the county your child lives in, the notice needs to be published between two and eight weeks before the hearing. Some courts require you to check with them three days before the hearing to make sure they got the publication information. You can contact your local circuit court to find out its publication requirements. Use the Courts and Agencies section of this website to get contact information for your local circuit court.

Publication Fees and Fee Waivers

There is usually a fee for publishing notice of a name change. Some newspapers also charge a fee for the Affidavit of Publication. The prices depend on your county and the newspaper.

If you get a fee waiver, the court must pay the publication and affidavit costs. Read Fee Waivers in Court Cases to learn more about fee waivers.

Asking the Judge NOT to Publish Notice of the Name Change

If you have a good reason not to publish notice of the name change, you can ask the judge to keep the record of the proceedings confidential. The Do-It-Yourself Name Change tool will give you the forms you need. 

You need to show there is “good cause” not to publish. The Do-It-Yourself Name Change tool includes options to explain that there is good cause for any of these reasons:

• Publishing would put someone in physical danger;
• Publishing would put someone at risk of discrimination (for example, discrimination against transgender people); and/or
• Publishing would be harmful for another important reason.

After you file the petition the judge may either agree or disagree with your request. If the judge agrees and grants your request, you can continue the name change process without publishing. (Note, if your child’s other parent has no known address, you will still need to publish a special notice for that parent. It won’t include your child’s name though. The Do-It-Yourself Name Change tool will create this form for you if needed.)  

If the judge decides not to grant your written request, you have three choices:

• You can publish notice of the name change hearing and continue with the process.
• You can stop the name change process. You can file again in the future if you want.
• You can request a special hearing about publication. At the publication hearing, you explain why publishing notice of the name change would be harmful. If the judge still doesn’t agree with you, you will have another chance to choose one of the two options above.

For step-by-step instructions, go to Filing for a Name Change, and find the instructions that apply to you.

The Name Change Hearing

On the day of the name change hearing, bring all documents related to your child’s name change. It’s a good idea to have three copies of the documents, just in case you need to give one to the judge and one to your child’s other parent. You should also always keep a copy of all documents related to your child’s name change for your records.

At the hearing, the judge will likely ask questions to make sure the information on the petition is correct. The judge will also give anyone who objects to your child’s name change a chance to talk about their reasons for objecting. Any minor child listed on the petition who is 14 years old or older must agree to the name change and sign the Minor's Consent to Name Change form in front of the judge during the hearing. If any child listed on the petition is younger than 14 years old (typically seven or older), the judge will decide if the child is capable of expressing a preference, and will consider that child’s wishes.

During the hearing you may need to present the evidence about the noncustodial parent’s lack of support and interaction with your child. If the noncustodial parent was convicted of child abuse or any sexual assault crime, and your child or your child’s sibling was the victim, you will need to give the judge evidence of the noncustodial parent’s conviction, such as a criminal record. Before the hearing, make copies of any records or other evidence you plan to show the judge. Before you can show the judge any evidence, you have to give a copy to your child’s other parent.

If the judge approves your petition, the judge will complete and sign an order changing your child’s name. The order is one of the documents that you can get by using our Do-It-Yourself Name Change tool. You must pay a fee to have the court enter the order. In most counties that fee is $10. A certified copy of the order usually costs another $11, but check with the court clerk to make sure. It is generally a good idea to get two certified copies, if possible.

If the judge ordered your child’s name change records be kept confidential, the records will be kept in a sealed envelope marked confidential and placed in a private file. Only you and your child will have access to these records, unless a judge orders otherwise.

After Your Child’s Name Change

Not all documents that have your child’s old name on them will automatically change. For more information about what steps you should take after your child’s name change, read the article After Your Name Change.

Finding a Lawyer

You might decide you want a lawyer to help you. If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.