Legal Question in Family Law in New Mexico

babies name

I have a child with a woman who didnt want to get married. I do everything I can for my daughter, I have her every other weekend and one night every week. My exgirlfriend also has another daughter and WAS married to that guy and took his last name. She now wants my daughters last name to be His last name - My last name.

Can she do this? His last name has nothing to do with my daughter!!


Asked on 11/21/04, 3:42 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: babies name

I think something of your question got lost in the translation. I think you are asking whether the mother can change the name of your daughter so that your daughter, her mother and her sister will all have the same last name. If that's your question the answer is NO, neither parent of a child under the age of 10 can change the name of the child without the agreement of the other parent.

Now, there could be an exception to this rule and that might be if the mother has sole legal custody of the child. Because you did not address the issue of who has legal custody of your child, i.e., joint legal custody or sole legal custody, I cannot flatly state that the mother cannot do this.

There are several lawyers in your town who will meet with you for a consultation visit and not charge you for the visit. They can then give you some options to consider or to discuss with your ex-girlfriend that might resolve this matter.

Good Luck.

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Answered on 11/23/04, 8:32 pm


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