Legal Question in Family Law in Texas

use my maiden last name for my baby

I have not filed for divorce yet but I will. My husband left me five months ago, I don't know exactly where he is but it's not in the USA, he doesn't have a VISA. He is a Mexican citizen and I'm a US citizen. I don't know where he is. I'm pregnant with his baby (he knew this when he left) and want to give her my maiden last name when she is born, eventhough I took my husband's last name when I married but that's something I want changed when I get the divorce. Can I give my maiden last name to the baby? If I do, do I still have to provide my husband's name when I fill out the baby's paperwork at the Hospital? And for the one-year-old baby I have (same father) can I change her last name too when I file for divorce? Thank you!


Asked on 7/26/06, 1:35 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: use my maiden last name for my baby

This is often governed by hospital policy.

My advice would be to give the baby your name, if the hospital allows it, and the father is still not around. You should name him on the birth certificate. At the time of the divorce change your last name to your maiden name. If the father continues this abandonment of your and your children, you can file a separate petition for change of name of a minor child.

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Answered on 7/26/06, 11:18 am


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