If my daughter is seperated from her husband and then gets pregnant, does she have to use her married last name for the baby?

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If my daughter is seperated from her husband and then gets pregnant, does she have to use her married last name for the baby?

It is not his baby but the final divorce will be close to the due date and she does not want to use her soon to be ex-husband’s last name. We would rather the dead beat drugie have nothing further to do with her or her child.

Asked on August 19, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She needs to speak with an attorney and address the matter openly asap.  A child born during a marriage is considered a child of the marriage unless the matter is dealt with during the divorce.  I am sure that he will want to address it so that child support is not an issue as well.  Good luck.


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