Legal Question in Family Law in Wyoming

Family law, divorce

I have already submitted a question to you but i need an anser for this 1 as well.

My husbands X wife got pregnant with another mans baby but she doesnt which guy is the father. She STILL has my husbands last name and when she delievered her baby the fathers were not there to sign the birth certificate so they put the mothers last name on the birth cert. Which is very inncorrect because that baby is not my husbands. I want to know HOW long does she have to change that babys last name to the fathers? or can she change it to her maiden last name?


Asked on 4/07/08, 8:47 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Family law, divorce

The child was born to an unmarried woman. As a matter of law, until and unless legal paternity is subsequently established by one of the means or methods provided by law for doing so, the child remains in the eyes of the law as having only ONE legal parent: the mother. Accordingly, she can give the child whatever name she wants (as she has done). She is under no requirement to change the child's name, regardless of who might be the child's biological father.

Keep in mind that the name of the child has absolutely no legal connection or meaning to the issue of paternity. If she wanted to, she could have named the baby Elvis Presley, Jr.. It would, however, not in any way mean that Elvis Presley was the child's father. It's the substance of the individual that counts, not the lable that is given.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 4/07/08, 3:54 pm


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