Legal Question in Family Law in New Mexico
babies
I live in new mexico. My daughter is having a baby and she is divorcing her husband. Legally we are not sure it is his baby, however, even if it is poven to be his, does she have to put him as the father and does the baby have to have his last name?
Asked on 6/20/07, 3:20 pm
1 Answer from Attorneys
John Watson
John Watson, Attorney at Law
Re: babies
Your query is two fold. First, there is no law in NM that says a child is bound to take the name of the father. That practice is a tradition but not a law. Second, at some point there may have to be a determination made as to who is the biological father of the child. The child needs to know who the father is and the father needs to support his child. Additionally, and at some point, the child will inherit property from the father.
Good luck in your journey.
Law Guru
Answered on 6/21/07, 12:32 am
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