Legal Question in Family Law in Virginia
last name for my child
My husband and I are seperated now. I am pregnant and due in Jan. 2007. I did not change my last name to his when we got married. I kept my last name from my first marriage. I am being told by my inlaws that it is illegal for me not to have his last name or to give my child his last name. Is there any law stating that I have to give my child his last name. what exactly are the grandparents rights with this.
1 Answer from Attorneys
Re: last name for my child
It is not illegal for you not to change your name when you marry. You are not required under Virginia law to take your husband's name.
You are not required to give your child your husband's name, though he may be able to file a petition to change it if you don't. The ultimate decision would then be made by a judge.
If your husband doesn't object to the name you give the child, your inlaws don't have any real rights to interfere. If he does, you may be looking at litigation.
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