Legal Question in Family Law in California

unborn boy

My wife and I are currently separated and maybe getting a divorce, she threaten me that I will never see him and that he will not have my last name can she do that?


Asked on 11/25/08, 9:30 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: unborn boy

Probably not, but you will need to establish paterntity as soon as the child is born so that another man does not become the legal father. Note, all that is required for a person to become the legal father of a child is for him and the mother to sign and file a one page form called a Voluntary Declaration of Paternity. Courts now are naming several people to be fathers of the same child.

Read more
Answered on 11/26/08, 5:08 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: unborn boy

She doesn't have any more power than you regarding your child. If you're the father, he will keep your last name. I am sure this is a difficult time for both of you, especially considering the pregnancy, the holidays and this economy. Try to keep a cool head. This is not the best time to talk divorce. If she's doing all the talking, it might be best to simply listen for a while. Don't engage in a fight. Instead, try to preserve the relationship.

Read more
Answered on 11/26/08, 5:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California