Bill Text: MI HB4128 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Courts; probate court; parental consent required for name change; modify under certain circumstances. Amends sec. 1, ch. XI of 1939 PA 288 (MCL 711.1).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-04 - Assigned Pa 40'20 With Immediate Effect [HB4128 Detail]
Download: Michigan-2019-HB4128-Introduced.html
HOUSE BILL No. 4128
February 5, 2019, Introduced by Rep. Miller and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 1 of chapter XI (MCL 711.1), as amended by 2000
PA 111.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 1. (1) The family division of the circuit court for a
county may enter an order to change the name of an individual who
has been a resident of the county for not less than 1 year and who
in accordance with subsection (2) petitions in writing to the court
for that purpose showing a sufficient reason for the proposed
change and that the change is not sought with a fraudulent intent.
If the individual who petitions for a name change has a criminal
record, the individual is presumed to be seeking a name change with
a fraudulent intent. The burden of proof is on a petitioner who has
a criminal record to rebut the presumption. The court shall set a
time and place for hearing and, except as provided in section 3 of
this chapter, order publication as provided by supreme court rule.
(2) An individual who is 22 years of age or older and who
petitions to have his or her name changed shall have 2 complete
sets of his or her fingerprints taken at a local police agency. The
fingerprints, along with a copy of the petition and the required
processing
fees, shall must be forwarded to the department of state
police. The department of state police shall compare those
fingerprints with its records and shall forward a complete set of
fingerprints
to the federal bureau of investigation Federal Bureau
of Investigation for a comparison with the records available to
that agency. The department of state police shall report to the
court in which the petition is filed the information contained in
the department's records with respect to any pending charges
against the petitioner or a record of conviction of the petitioner
and shall report to the court similar information obtained from the
federal
bureau of investigation. Federal
Bureau of Investigation.
If there are no pending charges or record of conviction against the
petitioner, the department of state police shall destroy its copy
of the petitioner's fingerprints. The court shall not act upon the
petition for a name change until the department of state police
reports the information required by this subsection to the court.
(3) If the court enters an order to change the name of an
individual who has a criminal record, the court shall forward the
order
to the central records division of the Michigan department of
state police and to 1 or more of the following:
(a) The department of corrections if the individual named in
the order is in prison or on parole or has been imprisoned or
released from parole in the immediately preceding 2 years.
(b) The sheriff of the county in which the individual named in
the order was last convicted if the individual was incarcerated in
a county jail or released from a county jail within the immediately
preceding 2 years.
(c) The court that has jurisdiction over the individual named
in the order if the individual named in the order is under the
jurisdiction of the family division of the circuit court or has
been discharged from the jurisdiction of that court within the
immediately preceding 2 years.
(4) The court may permit an individual having the same name,
or a similar name to that which the petitioner proposes to assume,
to intervene in the proceeding for the purpose of showing
fraudulent intent.
(5) Except as provided in subsection (7), if the petitioner is
a
minor, the petition shall must
be signed by the mother and father
jointly; by the surviving parent if 1 is deceased; if both parents
are deceased, by the guardian of the minor; or by 1 of the minor's
parents if there is only 1 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 must be
filed with the court before an order changing the name of the minor
is entered. If the court considers the child to be of sufficient
age to express a preference, the court shall consult a minor under
14 years of age as to a change in his or her name, and the court
shall consider the minor's wishes.
(6) If the petitioner is married, the court, in its order
changing the name of the petitioner, may include the name of the
spouse, if the spouse consents, and may include the names of minor
children of the petitioner of whom the petitioner has legal
custody. The written consent to the change of name of a child 14
years of age or older, signed by the child in the presence of the
court,
shall must be filed with the court before the court includes
that child in its order. Except as provided in subsection (7), the
name of a minor under 14 years of age may not be changed unless he
or she is the natural or adopted child of the petitioner and unless
consent is obtained from the mother and father jointly, from the
surviving parent if 1 is deceased, or from 1 of the minor's parents
if there is only 1 legal parent available to give consent. If the
court considers the child to be of sufficient age to express a
preference, the court shall consult a minor under 14 years of age
as to a change in his or her name, and the court shall consider the
minor's wishes.
(7) The name of a minor may be changed pursuant to subsection
(5) or (6) with the consent or signature of the custodial parent
upon notice to the noncustodial parent as provided in supreme court
rule
and after a hearing in either any
of the following
circumstances:
(a) If both of the following occur:
(i) The other parent, having the ability to support or assist
in supporting the child, has failed or neglected to provide regular
and substantial support for the child or, if a support order has
been entered, has failed to substantially comply with the order,
for 2 years or more before the filing of the petition.
(ii) The other parent, having the ability to visit, contact,
or communicate with the child, has regularly and substantially
failed or neglected to do so for 2 years or more before the filing
of the petition.
(b) The other parent has been convicted of a violation of
section 136b, 520b, 520c, 520d, 520e, or 520g of the Michigan penal
code, 1931 PA 328, MCL 750.136b, 750.520b to 750.520e, and
750.520g, and the child or a sibling of the child is a victim of
the crime.
(c) The other parent has been convicted of a violation of
section 316 or 317 of the Michigan penal code, 1931 PA 328, MCL
750.316 and 750.317.
(8) A false statement that is intentionally included within a
petition for a name change constitutes perjury under section 422 of
the Michigan penal code, 1931 PA 328, MCL 750.422.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
