Legal Question in Family Law in Florida
A married woman who is nearly 9 months pregnant learned that her husband left her for another woman. He has had no contact with his wife and there is no way to contact him. He has expressed he has no interest in their child and will not be at the hospital for the delivery. He has another child in which he is also an absentee parent. She never legally changed her last name to his. By law, is she required to place the absentee father on the birth certificate and is she required to give the baby the husband's last name or can she use her own surname?
2 Answers from Attorneys
She may legally give the child her last name, and she is not required to name the father on the birth certificate. The husband would, by the way, be the legal father, even though he is not on the birth certificate.
The husband is the presumed legal father if they are married at the time of birth.
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