Legal Question in Family Law in Wyoming
surname of child
I am tying to find out if there are any previous cases anywhere in the US where the mother's surname was passed on to the child. The mother has custody and the parents are not married.
1 Answer from Attorneys
Re: surname of child
To find your answer to this question, you must
search the case law of each state. I can't do that
for you, but I can tell you that in WY I have
frequently seen mothers pass their surname to
their children in situations like you describe.
Now, if the mother seeks a paternity declaration
or child support, if the state seeks a paternity
declaration or child support, or the father seeks
a paternity declaration, frequently the courts
will give the father's surname to the child,
especially if the court requires him to pay child
support, etc. I have also seen instances where the
court will bifurcate the child's surname, to curb
further argument over that portion of the case.