IfI have a child with a married woman who is separated, can our child have my last name?

Get Legal Help Today

 Secured with SHA-256 Encryption

IfI have a child with a married woman who is separated, can our child have my last name?

Asked on July 20, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The child has the name, first and last, given to it on the child's birth certificate, and will have the father listed at that time, too. If the woman is married but separated, there may be some complications down the line, in terms of custody, support, visitation, etc., since the normal presumption is that the father of a married woman's child is the husband, and since the woman is separated by still married, there may be a presumption that her husband is the father. This presumption can be overcome, and as stated, the name and the father listed at birth can both be as set down when the child is born; however, you should be prepared for some possible complications. It may make sense to consult with a family law attorney to discuss all  the possible issues and come up with a plan or solutions in advance. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption