Legal Question in Administrative Law in Virginia

A name for my baby

I have a baby girl by a woman who was at the time we were dating divorced. My baby has her ex-husband's last name and not the mother's maiden name or mine. She has now remarried. I want to give the child my last name, but she wants use her exhusbands last name (he is not the father)and hyphenate it with mine. Does she have the right to use her exhusbands last name, even though he is not the father? Does she have to get permission from him to do this? What can I do legally to resolve this issue?


Asked on 5/08/06, 10:04 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: A name for my baby

From a legal perspective, I do find it quite odd that a baby would have the name of someone who is not the father and was already divorced from the mother at the time.

Normally, a name change would be a simple thing (although the paperworks you submit to the court does have to be exactly right). Normally it is not contested.

Here, it is contested. But I think that the judge would find no good purpose served, especially for the welfare of the child, of having the name of someone who is neither the father nor was married to the mother at the time the child was born.

Therefore I think there is a good chance that you would persuade the judge to change the baby's name to your name or the mother's maiden or married name.

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Answered on 5/10/06, 9:51 pm


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