Legal Question in Family Law in Florida

My son was serving in the military overseas when he was married, his wife left him when she was around 6 weeks pregnant and returned home. When the baby was born he was stationed overseas and did not know the birth of the baby, the wife did not list him as the father or give the baby his name. We know the baby is his and during the divorce my son's attorney had the birth certificate changed to list his name and change the baby's last name. We do not believe the wife ever changed the baby's name on the social security. Now that the child is older and knows their full name, we found out through the child that they are going by the original birth certificate, using the mother's maiden name. What are my son's rights and what can be done about this.


Asked on 10/25/09, 2:51 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You haven't provided enough information. What do you mean, he or she "going by" the mother's maiden name? Do you mean at school? Hasn't your son had visitation to know his own child's last name? Hasn't he seen report cards, baptismal certificates? Hasn't he picked up his child from the day care? Hasn't he been involved in his child's life? If not, who really cares? If so, he should take the birth certificate to the school, day care, doctor's office, etc., and make sure the child's records are correct. Also, he should explain to the child that he or she should be using his or her correct name. Otherwise, serious records difficulties will come up in the future.

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Answered on 10/31/09, 10:14 am


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