Legal Question in Family Law in California
Baby's last name if not married?
I am divorced and I kept my ex-husband's last name after the divorce. Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. We will not be able to get marrried before the baby is born. I would like to avoid giving the baby my ex-husband's last name. Can I give the baby my fiancees last name (he is the father of the baby) at birth legally without being married to him?
2 Answers from Attorneys
Re: Baby's last name if not married?
Even though you are not married the child should have the father's last name. you should name the baby whatever you choose and use his last name. If you have further questions please call us at (909)274-0057 eve/wknds
Re: Baby's last name if not married?
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Yes. Just put it on the Birth Certificate and the
Voluntary Declaration of Paternity if the father is
willing to sign one. Keep in mind that you and the
baby will have different last names, until/unless you
do marry the father.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.