Legal Question in Family Law in Florida

Currently, my wife has filed for divorce but she is pregnant with our first son. I NEVER gave up my right as a the Legal Father, and i want to be in my son's life. but my wife is making it very difficult for peace to reign before the arrival of my kid.I have called her numerous times to let her understand that divorce has nothing to do with my fathering my child, and i dont want him to be depreived of fatherhood. My question is this,

1. she has threnthen to give my son her maiden name as last name. Is this something she can do, if we still not offically divorced and me not giving up the parental right of my kid?

2. Also will i be able to sign my son's birth certificate after his birth?

3. we appear in court on the 20th, can i ask the court magistrate to order a parenting class before the marriage is dissolution or all orders concern the marriage should be made after that baby is born.. please advice me on what to do.


Asked on 10/09/10, 8:50 am

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

I am not sure if this is going to be your first child in general as it was not mentioned if you had other children with your wife. Nonetheless, after the child is born, you can always file a Petition to Establish Paternity if she is being uncooperative to establish your timesharing, child support, and parental responsibilities. If she refuses to allow you to sign the birth certificate, after the child is born, with a final judgment of paternity the birth certificate can be amended at that time. I suggest you let the General Magistrate know that your wife is pregnant with child from the marriage, and you can ask if in light of same a parenting class requirement can be ordered. It is up to that GM if he will decide to order it or not as it's usually their decision to make considering the child is unborn.

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Answered on 10/14/10, 10:32 am


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