Legal Question in Family Law in Florida
Parental Naming Rights
The situation: someone is (not legally) separated from a spouse, then gets pregnant by another person after divorce papers have started. She wishes to keep her married name (the same as 2 other children), and name the baby with the same last name. The baby will be born after the divorce is final. Is this legal? Does the biological father have any say in naming the child?
1 Answer from Attorneys
Re: Parental Naming Rights
The current husband is the legal father of the unborn child, not the biological father (believe it or not), so, technically, the husband has naming rights equal to the mother's.
During the divorce, the mother will have to stipulate that the unborn child is not the husband's, and the husband will have to agree. Many judges will then require a paternity suit against the biological father, meaning that the biological father will get naming rights. The reason the judge will require a paternity suit is that, if the mother and the husband agree that the child isn't theirs, the child could get stuck without a legal father.
This is a complicated situation that we lawyers deal with pretty often. You need to speak with a custody lawyer right away.
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