Legal Question in Family Law in New Mexico

You do not provide sufficient information for the Guru to answer your question. First, the law says that if someone (parents) wants to change the name of a child both parents have to consent. That means it has to be done in a court order and the judge signs the order. Thus, you did not say if the order of your divorce has your child's name changed in that document. Second, was your child born before you and your wife married? If yes, then it is possible that your child's last has always been the same as your wife's last name but it was not 'officially' changed during the marriage and now that you are divorced the ex-wife may have gone back to using the 'real' name of the child. Third, it is possible that your ex-wife has simply started using a different name for your child. But, the different name is not official, so, while it is not illegal, it is not approved by the court and apparently not approved by you.

My point here with describing all of these different possibilities is that you have information available to you that you did not tell to the Guru. Thus, the Guru can 'speculate' about different possibilities but without more information you cannot get a clear and concise answer to your question. You can go and talk to a private family law lawyer. Bring your divorce papers with you and ask for a consultation only. That way it will save money in your pocket book and you will get a clear answer to your question.

Good Luck

Law Guru