My wife gave different last name to our child while still married. What can I do?

[Fry]

Hello everyone,

This is my first post, this is one awsome forum.

This is in CA.

My wife and I were separated during the time she gave birth to our child.
However, we are still married. She didn't even tell me she was giving birth (at that time, she was living with her mother, again, still married).
So she decided to give our baby someone else's last name.

Now everything is fine, and she's going to move back with me.

My question is, since another last name was given and that's the last name in the birth certificate, does it count even though we're still married??

Or will I just have to change the last name the regular way as many have posted here.

Thanks in advance!

Fry.

[ceara19]

You need to go through the "regular" procedure for a name change of a minor.

[mama]

Who's last name did she give the child? Was it her last name? If so, what's the issue? Children often have their mother's last name.

[Shay-Pari'e]

Originally Posted by mama

Who's last name did she give the child? Was it her last name? If so, what's the issue? Children often have their mother's last name.

The issue is that he is the father and would like his child to have his name.

Poster?

I don't understand how she accomplished this, if she were married. OHIO girl might step in and clarify, but I don't think she could legally have done this, so is there more to the story? Did she give the baby her name?

[Ohiogal]

Originally Posted by Shay-Pari'e

The issue is that he is the father and would like his child to have his name.

Poster?

I don't understand how she accomplished this, if she were married. OHIO girl might step in and clarify, but I don't think she could legally have done this, so is there more to the story? Did she give the baby her name?

I am here but this situation is in CA. Children do NOT need to be given their father's last name. She could have given the child the last name of her self if she wanted. Granted it is bucking tradition but you dont always have to be traditional to follow the law..

[Shay-Pari'e]

Originally Posted by Ohiogal

I am here but this situation is in CA. Children do NOT need to be given their father's last name. She could have given the child the last name of her self if she wanted. Granted it is bucking tradition but you dont always have to be traditional to follow the law..

If it is not her name, could she have given the baby another name? I live in Cali also, but I honestly have no clue on this.

So because they are married, isn't he legally the father?

[Shay-Pari'e]

After reading his post again, he said "Someone Else's" last name. How is this legal?

[mama]

Originally Posted by Shay-Pari'e

The issue is that he is the father and would like his child to have his name.

Well if she did indeed give the child her last name she has every right to do that. It's not uncommon, particularly in CA (where people are often progressive and less ignorant than in other states), for children to have their mother's last name or a combination of both mother and father's last name.

[Shay-Pari'e]

Originally Posted by mama

Well if she did indeed give the child her last name she has every right to do that. It's not uncommon, particularly in CA (where people are often progressive and less ignorant than in other states), for children to have their mother's last name or a combination of both mother and father's last name.

She gave the child Someone else's name. I live in CA, and find your comment very ignorant.

[mama]

Originally Posted by Shay-Pari'e

She gave the child Someone else's name. I live in CA, and find your comment very ignorant.

Figures

[Shay-Pari'e]

Originally Posted by mama

Figures

Figures? You said Cali's are LESS ignorant than any other state, so are you putting yourself down, or just not making any sense?

[mama]

Originally Posted by Shay-Pari'e

Figures? You said Cali's are LESS ignorant than any other state, so are you putting yourself down, or just not making any sense?

What I said was "people are OFTEN progressive and LESS ignorant" Are you denying that CA has more forward thinking folks than, say, Alabama, for example? Both east and west coasts have a great number of "alternative" minded families. They do all kinds of crazy things like give their children mom's (or mom and dad's) last name

[Shay-Pari'e]

Originally Posted by mama

What I said was "people are OFTEN progressive and LESS ignorant" Are you denying that CA has more forward thinking folks than, say, Alabama, for example? Both east and west coasts have a great number of "alternative" minded families. They do all kinds of crazy things like give their children mom's (or mom and dad's) last name

Now you are back peddling. Read the post again, she gave the baby another person's last name.

[mama]

Originally Posted by Shay-Pari'e

Now you are back peddling. Read the post again, she gave the baby another person's last name.

Not back peddling at all. Not sure where you get that from. Anyway, I get that the OP is seemingly saying the last name given was not his *or* the mother's (perhaps there is more to this story, no?) Obviously you and I are "discussing" a different subject at this point. Anyway...

[rmet4nzkx]

Originally Posted by Fry

Hello everyone,

This is my first post, this is one awsome forum.

This is in CA.

My wife and I were separated during the time she gave birth to our child.
However, we are still married. She didn't even tell me she was giving birth (at that time, she was living with her mother, again, still married).
So she decided to give our baby someone else's last name.

Now everything is fine, and she's going to move back with me.

My question is, since another last name was given and that's the last name in the birth certificate, does it count even though we're still married??

Or will I just have to change the last name the regular way as many have posted here.

Thanks in advance!

Fry.

Was paternity established for this child?
Who is listed as the father on the Birth Certificate?
When was this child born?
If this is not your bio child and you are not infertile, do you want to pay child support for someone else's child should your marriage fail?
DO YOU UNDERSTAND THAT THERE IS A 2 YEAR LIMIT FROM THE DATE YOU LEARNED OF THE CHILD TO DISESTABLISH PATERNITY?