Legal Question in Juvenile Dependency in Michigan

paterninity

my fiance' is leagally separated, divorce is in progress. however she is enpregnated w/my child.

the question is - Can the chid take my last name

even though the divorse is not final( because of her present condition) if so how can we ensure that this will take place at the time of birth,

if not what can i/we do to make this happen.

There is no question that the child is mine because of the lenght of separation.

THANK YOU STEVEN M. SMITH


Asked on 7/26/00, 2:20 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: paternity

You're right to assume that the child is presumed to be that of your fiancee's husband, however you shouldn't have any trouble giving the child your name.

The most basic steps are

1) make sure that when the child is born, YOUR name is on the birth certificate and that your wife or her doctor give the child your last name, designating you as the father.

2) make sure that your fiancee amends her Complaint (if she filed for divorce) or her Answer (if her husband filed) to state that she is now pregnant but that the child is NOT "of the marriage." Do that now.

You might want to put your notarized signature on her amendment, so that there is no question that you agree and to "reassure" her judge that there is someone who is going to provide for the care of the child alongside the mother.

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Answered on 9/12/00, 4:23 pm


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