Legal Question in Family Law in South Carolina

I was not with the mother of my child when she got preg because she played games saying the child was mine, not mine..and finally said not mine for good. it was a year later that she contacted me wanting to know if her and I would ever be together again and I said no. That is when she said, what If I told you that Emma(daughter) may be yours. So she knew the whole time, we did an at home paternity test which showed she is my daughter and of course she looks just like me and like I did when i was a baby. My question is. The mother of the child never changed her name back to her maiden name. She still has her ex husbands last night and that is the last name she put on the birth certificate for m daughter. So instead of my daughter having my last name, or the mothers maiden , she has the ex husbands last name. This doesnt sit well with me at all. Is it legal? Is there anything I can do?


Asked on 1/05/11, 10:55 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

There are several options available to you, including filing for custody, visitation, name change, etc. What you "should" do will depend on your goals in this case, which vary for everyone.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/10/11, 11:59 am


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