Legal Question in Family Law in New York

divorcing in FL and pregnant in NY

My husband and I are currently going through a divorce in Fl. I am 8 months pregnant with his child and have been living in NY for 5 months. The child will be born in NY and remain in NY. I will be filing for child support out of NY. I would like to know if it matters which last name I give my child. I will be returning to my maiden name once the divorce is final but that will not be until after my son is born. 1- Can I go ahead and give the baby my last name once he is born? 2- Will giving him my last name give me any problems in the future as far as child support?


Asked on 4/03/08, 8:47 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: divorcing in FL and pregnant in NY

1- Yes you can give him your last name.

2. yes if the father says the child is not his, you will have to prove paternity, however that would happen no matter what you name the child. Be sure to acknowledge the father on the birth certificate. It does not mean the child needs to bear the father's last name.

Good luck

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Answered on 4/07/08, 4:11 am


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