Is it legal

What is the name of your state? Virginia
My daughter has the name of her grandmother's husband. He has no bloodline to my daughter and was in jail when she was born. the mother just gave her his name without my permission or his. is this legal.

[HomeGuru]

Originally posted by nodedbeat1
What is the name of your state? Virginia
My daughter has the name of her grandmother's husband. He has no bloodline to my daughter and was in jail when she was born. the mother just gave her his name without my permission or his. is this legal.

**A: is the name on her birth certificate?

His name is not on the birth certificate. He was in prison.

[HomeGuru]

[quote]Originally posted by nodedbeat1
[b]What is the name of your state? Virginia
My daughter has the name of her grandmother's husband.

**A: and is THIS name on her birth certificate? If so then that's her legal name.

[stealth2]

Mom can name her kid anything she wants.

[nextwife]

Well, having been a geneology hobbyist, the spouse of any family member is treated as legitimate and logical information to have. Whether they were a taylor to a king or hung as a horse thief. And whether he is a blood relative, in prison or not, if he is Grandma's husband, there is likely nothing illegal in her knowing that fact. And eventually, grandparent vital records (marriage records) do become available, so it's not like she wouldn't at some point have access to this information. I have copies of parent, grandparent, great and great-great-grandparent marriage records.

I just want to thank everyone 4 their replies. I am taking this to court and I will know for sure what's going to happen. I just wanted to know if it was legal to do that. I heard other things yet it was just hearsay. So thank you all and may God bless all of you with your problems and legal advice

Well; as much as I hate this: I think you are in luck.

(depending upon the child's age)

In the BACKASSWARD state of VA; there is a law on the books that involves the naming of children when the parents were never married.

IF the father takes it to court; the last name of the father WILL be given to the child.

However; it has to be done pretty quickly. Like no more than 6 mos to a year after the birth.

I am sure some of our more law savvy members can actually find this (terribly discriminating) law.

I found out about it when my child was about 2. I named my child with my last name (my fathers) since ex and I were never married; and were never going to live together. I felt son should have my last name since he was living under my roof.

I felt CERTAIN I was well within my rights to do this.

My attorney at the time told me that if indeed dad took it to court within a reasonable amount of time; that he WOULD win in getting his last name changed.

Luckily dad took too long. And lost on the name change.

I personally feel this law needs to be changed. Why should a woman be FORCED to give her child a last name that has nothing to do with her. WHY do MEN (in the state of VA) have the priveledge of passing down a name? I feel it is just as much a womans right; as a man's.

This was about 3 years ago. I doubt the law has been changed. Someone is going to have to sue them to get it done.

I wish I had money.

Also; you siad it was the grandmother's husband last name.

Is this also the mom's last name?

Just curious.

[nextwife]

Ok, semantical clarification, please.

"My daughter has the name of her grandmother's husband."

Do you mean she was provided the name of Grandmothers husband as in "She has (in her posession) the name of the man Grandmother is married to, who is in jail...." or do you mean "She has been named after my Grandmother's husband?"

My last name is smith. Mother's last name is jones. my childs last name is gibbs. my childs maternal grandmother is married to a man who is not the father of her mother. his last name is gibbs. no blood relation to my childs mother nor has he adopted her. he is only a grandparent by marriage, he did not adopt my childs mother in any legal way. is this a better understanding. I didn't try to change it earlier becuz I was told I couldn't do anything. Yet I was told it was illegal becuz of the fact that he is not a bloodline of any of the parents plus he has to sign papers to have his last name

[stealth2]

She could name the kid ****** Luther King or R2D2 if she freakin' wanted to. It is NOT illegal for the mother to name her child anything she wants, bloodline or not.