Legal Question in Family Law in Maryland

baby surname

Can a baby be given the last name of a woman's first husband from whom she has been divorced for 11 years and who can not possibly be the father? She is also divorced a second time from someone who is not the father of this child, and has been granted permission to resume her maiden name, but continues to use her second husband's last name.


Asked on 6/15/07, 5:38 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: baby surname

If she's using that name there is no reason why she can't use it for the child. Theoretically the bio father could file a court petition for a name change but if the mother objects I suspect it won't be granted as long as she has custody.

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Answered on 6/18/07, 9:30 am


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