Legal Question in Family Law in New York

My ex wife is having a child with another man but still carries my last name, can I legally ask her to change her name so that my last name does not appear on the child;s birth certificate?


Asked on 3/14/10, 5:40 pm

2 Answers from Attorneys
TRACEY BLOODSAW LAW OFFICE OF TRACEY A. BLOODSAW

You may have to take her to court for that. I suggest you do that because you may be held responsible for support for the child since there is a presumption that the child is yours since you are still married.

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Answered on 3/20/10, 7:29 am
Michael Markowitz Michael A. Markowitz, PC

I disagree with Ms. Bloodsaw. Under the NY Civil Rights law an individual may use any name he or she may wish so long as the name is not for fraudulent purposes. Therefore, maybe you would want to change your name.

Mike.

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Answered on 3/20/10, 12:56 pm


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