Does a baby have to get father's last name?
Full Question:
My husband left me when I was two months pregnant, we were going through divorce proceedings while I was pregnant, I knew I was going to take back my maiden name when the divorce was final so when the baby was born I gave him my last name. A year and a half later...we still aren't divorced because of contested custody and placement issues. Another issue being that he wants to change the baby's last name to his. Can the court force me to change his last name?
01/19/2011 |
Category: Name Change |
State: Wisconsin |
#24038
Answer:
It is unlikely that a court will force a name change. There is no requirement that a mother choose a particular surname for a baby. However, if challenged by the fatehr, the court may consider how long the child has already carried his/her current last name; the strength of the relationship between the mother and child; the strength of the relationship between the father and child; and if the name change is necessary in order for the child to be identified as part of his/her family.
The last name of the child will not affect the father's obligations to support the child or affect the mother's obligations to facilitate the relationship between them (visitation, etc.).
