Miscellaneous Family Matters

This section provides general information about some common requests made to the probate court that do not involve the filing of a case. It also provides general information about about several types of cases that are filed either in the family division of circuit court or the probate court.

The information provided in the Self-Help Center is not legal advice. The laws of Michigan do not allow the employees of the court or the judge to give you legal advice. You should consult with an attorney concerning legal issues, but you do not need an attorney to file any of the cases described below. If you are representing yourself, you are acting as your own attorney and this Self-Help Center may help you with the legal process.

The following is a brief description of some miscellaneous family matters.

Birth, Death, Marriage, or Divorce Certificate
Emancipation of a Minor
Filing a Will for Safekeeping
Marriage Ceremony
Name Change
Registration of Birth
Statutory Will
Testing for Infectious Disease
Waiver of Parental Consent for an Abortion

Birth, Death, Marriage, or Divorce Certificate

Requests for birth, death, marriage, or death certificates should not be made to the courts. If you want a copy of a certificate, contact the county clerk in the county where the event took place. There may be a charge to receive copies of any such certificate. Find the county clerk in your county >>.

Birth, death, marriage, and divorce records are maintained by the Vital Records Office of the Department of Community Health in Lansing, Michigan. See information about ordering or correcting records >>.

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Emancipation of a Minor

Emancipation is the process by which a minor between the age of 16 and 18 can be freed from his or her parents' legal control and supervision. A minor seeking emancipation must file a petition for emancipation in the family division of circuit court in the county where the minor resides. Find the county clerk in your county >>.

For additional information about how to file an emancipation case and what else you need to do, see the Emancipation Self-Help Center >>.

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Filing a Will for Safekeeping

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Marriage Ceremony

In Michigan, a marriage ceremony can be performed by district, municipal, or probate court judges; district court magistrates; federal court judges; mayors; county clerks; and ordained ministers of the gospel.

If you want the court to perform your marriage, contact the court to see if an appointment is necessary. For the actual marriage ceremony, you will need to bring the marriage license and two witnesses with you to court. Most officials performing the wedding will have a prearranged set of vows, but the only legal requirement is for the couple getting married to solemnly state in front of an official and the two witnesses that they take each other as husband and wife. After the ceremony, the person performing the marriage and the witnesses will sign the marriage license, then the official will give you a copy and send the original marriage license to the county clerk. The fee for this service is $10.00.

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Name Change

Requests to Change Name When 14 Years of Age or Older

If you want to change your name and you are an adult or a minor who is 14 years of age or older, or you want to change your family's last name, you can petition for a change of name in the family division of the circuit court in the county where you live. You must have lived in the county for at least one year prior to filing the petition. Find the county clerk in your county >>.

Your petition must give the reason for the name change and assure the court that you are not seeking a name change with any dishonest intent. A notice of the hearing to change the name must be published to allow creditors, individuals with the same name, and others the opportunity to object. If you are over 21 years of age, before your name can be changed, you will have to be fingerprinted so your criminal history can be checked by the Michigan State Police and the Federal Bureau of Investigation. There is a charge for this. Results of the criminal history check will be sent to the court. A person with a criminal record is presumed to have a fraudulent intent in seeking to change his or her name and any request for name change will be denied. Persons under age 22 do not have to be fingerprinted or have a criminal history check.

A petition filed by a minor who is 14 years of age or older must be signed by both parents, one parent if the other parent is missing or dead, or a legal guardian.

Requests to Change Name When Under 14 Years of Age

To change the name of a minor who is less than 14 years old, you must file a petition for a name change with the family division of the circuit court in the county where the child lives. Find the county clerk in your county >>.

Both legal parents must agree to the proposed name change. If both parents do not consent, the custodial parent must prove to the court that the child has not been substantially visited, contacted, or supported by the noncustodial parent for at least two years prior to filing the petition. The noncustodial parent must be given legal notice of the hearing and an opportunity to object to the proposed name change. The rights of legal parents are not terminated by a name change.

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Statutory Will

A will is a written instrument whereby a person makes a disposition of his or her property to take effect after his or her death. The Michigan Legislature has provided a "statutory will" that can be used in certain situations. See MCL 700.2519 for details >>.

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Testing for Infectious Disease

A police officer, a fire fighter, a local correctional officer or other county employee, a court employee, or an individual making a lawful arrest, who has received training as required by MCL 333.5205(1), can request that an arrestee, correctional facility inmate, parolee, or probationer be tested for HIV infection, HBV infection, HCV infection, or all 3 infections. The request can only be made if such a person, as named above, determines that he or she had contact with the blood or body fluids of the individual to be tested.

If the individual refuses to be tested as requested, the officer's or employee's or arresting individual's employer may petition the circuit court for the county in which the employer is located, or the appropriate district court, for an order to conduct testing. Find the court in your area >>.

For additional information about how to file a petition for testing and what else you need to do, see the Infectious Disease Testing Self-Help Center >>.

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Waiver of Parental Consent for an Abortion

Under the laws of Michigan, a person shall not perform an abortion on a minor without first obtaining the written consent of the minor and one of the parents or the legal guardian of the minor. If a parent or the legal guardian is not available or refuses to give his or her consent, or if the minor elects not to seek the consent of a parent or the legal guardian, the minor may petition the family division of circuit court for a waiver of parental consent. Find the county clerk in your county >>.

There is no specific information available in this Self-Help Center to aid you with the entire legal process. Forms for use in these proceedings are available on-line >>.

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