Legal Question in Family Law in Florida

A Childs Legal name
My son is seperated from his wife. Neither of them have an attorney, they are doing it themselves. They have a child aged 2 and another that is about 1 week old. My son has been actively involved and paying a voluntary support for his son of 2. He has tried to participate in the pregnancy of his new son. When the new baby was born his wife didnt notify him until the following day. She named my son as the father on the birth certificate but gave the baby her maiden name. Is this legal since they are still legally married and my son is actively involved? His wife has been dating someone since they seperated. Can he protest and request either the babys name be changed to the correct last name or prove paternity? Thank you.

Asked on 3/15/09, 9:37 pm

Brent Rose The Orsini & Rose Law Firm

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Re: A Childs Legal name

Your son will have to file a paternity case and ask that the baby have his last name as part of the paternity case.

Answered on 3/16/09, 10:29 pm

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