Can my child have its biological father’s last name if I’m married to another man?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my child have its biological father’s last name if I’m married to another man?
I have been separated from my husband for almost a year and we are currently going through a divorce. I am 7 months pregnant with my boyfriend’s child. I recently went to court for my divorce and was told I had to get a lawyer since I’m pregnant. Well I do not want my child to have my husband’s last name; I want him to have his father’s last name. Is this possible in TN? I cannot afford a lawyer and don’t have much time left. If I cannot put my boyfriend’s last night can I put my maiden name?
Asked on May 23, 2011 under Family Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok stress is no good in your condition so calm down a bit.First, do you qualify for free legal services? Go to legal aid or call your local bar association for pro bono attorneys. Now, there is a presumption that a child born while you are married is the child of married couple so unless and until the matter is proved otherwise the court has to assume so for purposes of the divorce. I am sure that your husband wants to resolve this as much a you do otherwise he will end up paying child support. So you need to find out if the court will accept an affidavit of paternity from your boyfriend and an affidavit of non paternity from your husband. Don't focus so much on the birth certificate because it can be changed legally. Focus now on getting divorced, 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.