Legal Question in Family Law in Massachusetts
baby's last name
I am seperated from my husband and the divorce won't be final until after the baby is born.. i'm going back to my maiden name. Now can i give the baby my maiden name without already being divorced?
Asked on 7/06/09, 10:02 pm
2 Answers from Attorneys
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
Re: baby's last name
if the baby is from your husband your question, standing without any other facts, seems rather odd.
Or have you left something out?
Answered on 7/06/09, 10:19 pm
Gregory Lee
Gregory P. Lee, Attorney at Law
Re: baby's last name
The name is your choice. However, you need to be aware that the baby is likely to be legally presumed to be the husband's. If it isn't, and you haven't resolved this in your divorce judgment, you will have to join the ex-husband as a defendant to any paternity action brought to clarify paternity.
Answered on 7/07/09, 11:20 am
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