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?
- Category: Name Change
- Date:
- State: Wisconsin
Answer:
It is unlikely that a court will force a name change. A mother is not required to select a specific surname for her child. If the father challenges the name, the court may consider several factors: how long the child has had their current last name, the strength of the relationship between the mother and child, the relationship between the father and child, and whether the name change is necessary for the child's identification as part of a family. The child's last name will not affect the father's support obligations or the mother's obligation to facilitate the father's relationship with the child (such as visitation).
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