Full question:
I am 7 months pregnant. My husband left me for another woman when I was 2 months pregnant and we have not had any contact since. I have filed for divorce and our divorce becomes final the same day as my due date. I know that under the California Presumption law, I will have to list him as the father (which, biologically, he is anyway), but I'd like to know if I can still give my child my maiden last name as I have been granted the request to change my name back once my divorce is final and I want my child to have the same last name as myself. Can I legally give her my maiden last name even though he will be listed on the birth certificate?
- Category: Paternity
- Date:
- State: California
Answer:
In California, there is no law that requires a child to have the father's surname. The idea that a father has a primary right to determine a child's last name has been abolished. If parents disagree on the surname, the court will consider the child's best interest as the main factor.
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