Legal Question in Family Law in Florida

Baby's last name

If a married couple are filing for divorce is it legal for mother to give the newborn her maiden name even though she uses her married last name and father objects to her maiden name ? They are not divorced yet and the child is 2 years old now.


Asked on 7/18/07, 12:16 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Baby's last name

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The name would have been given at birth to the child. If the mother is now trying to change the name, a court would not allow it to be changed. If the name was agreed to at birth, then the father does not have any reason to complain now. Generally, a court will require a mother to use the father's last name for the name of the child absent showing of extreme good cause why it should not be used.

Scott R. Jay, Esq.

Read more
Answered on 7/18/07, 8:28 pm


Related Questions & Answers

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