Full question:
I had a affair with a married woman in the state of Va. She got pregnant and had our son but has now decided to stay with her husband. I want the child to have my last name would a court grant me that?
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: Virginia
Answer:
The court will decide whether to grant your request based on the specific facts of your case. The other parent will be notified and can object to the name change. The court must ensure that the name change is not being requested to evade creditors, obstruct criminal prosecution, or commit fraud.
If the other parent objects, you must show that changing the child's name is in their best interests. The court considers several factors, including:
- How long the child has used their current name
- The child's identification with their family
- Any potential anxiety or discomfort the child may feel with a different surname from the custodial parent
- The child's own preference, if they are old enough to express it
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.