Surname rights

[steadleyman]

What is the name of your state (only U.S. law)? Virginia

Hello. My fiance and I broke off the engagement. There was no wrongdoing by either party. Since then she has found out she is pregnant with my child. She came into the relationship with a child from a previous relationship. In anticipation of our marriage, we changed his last name to mine. Now that we are separating, she wants to change the current child's name back to her surname. And so that both of her children have the same last name, she is telling me that the new baby will not have my name.

I have no problem reversing the name change on the current child but I would like the future child to have my last name. What are my rights in this upcoming matter?

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

Hello. My fiance and I broke off the engagement. There was no wrongdoing by either party. Since then she has found out she is pregnant with my child. She came into the relationship with a child from a previous relationship. In anticipation of our marriage, we changed his last name to mine. Now that we are separating, she wants to change the current child's name back to her surname. And so that both of her children have the same last name, she is telling me that the new baby will not have my name.

I have no problem reversing the name change on the current child but I would like the future child to have my last name. What are my rights in this upcoming matter?

You don't have any say in changing the last name of her other child, so its a good thing that you don't have a problem with her doing it. I have to say though, that it was a ridiculous thing to do in the first place.

She will have naming rights when the child is born. You can then take it to court to try to have the judge change the child's last name to yours.

However, a hyphenated last name would be a reasonable compromise (ie smith-jones) and its one that judges really like.

 

[steadleyman]

You don't have any say in changing the last name of her other child, so its a good thing that you don't have a problem with her doing it. I have to say though, that it was a ridiculous thing to do in the first place.

She will have naming rights when the child is born. You can then take it to court to try to have the judge change the child's last name to yours.

However, a hyphenated last name would be a reasonable compromise (ie smith-jones) and its one that judges really like.

Ridiculous, I agree. Hindsight is always 20/20. Thank you for the response.