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?
2 Answers from Attorneys
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.
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.