Legal Question in Family Law in California
hi im 2 months pregnant ... im a widow and still carry my dead husbands name...the baby im having is from a different guy and i dont live with him and dont plan too... my widow last name is coles ... when my baby is born can my baby have my widow last name even though my dead husband is not the father ... i plan on not getting marry in the future.. i have a child with my husband who past away who has his last name so thts why i keep the last name ...i want my second child to have my last name well marry last name so both my children have same last name
2 Answers from Attorneys
People can use any name they want to except to defraud someone. Who is going to complain about the last name anyway?
You can give him your last name, but if the father finds out, he may try to file a petition to change the name as part of any paternity action. He does not have the absolute right to change the name, and the judge is directed by law to make the decision with the best interest of the child in mind.
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