A law question

[SpinnerBait_Nut]

Ok, here it is short and sweet.<br />If a girl is still considered married but has not lived with this guy for over 2 years and gets pregnant by another guy, does the baby have to have the married last name or her maiden name or what?

 

[ndemge]

Re: A law question

In KY, aren't all the last names the same anyway? What does it Matter?<br /><br /><br />..Sorry, don't have an answer.

 

[neumanns]

Re: A law question

I thought the parent had naming right's, the carring of a last name is tradition not law me thinks!

 

[Dave Abrahamson]

Re: A law question

I believe neumanns is correct.<br />He has nothing to do with the child. She can name it Apple Dumpling if she wants.

 

[SpinnerBait_Nut]

Re: A law question

gotcha.

 

[Ron G]

Re: A law question

What neumanss and dave said.looks like a good reason to get a divorce.

 

[tommays]

Re: A law question

I dont no about the name but i know my BIL had to PAY child support on the second child that was not HIS becasue they were still married when she got preg<br /><br /><br />tommays

 

[rottenray6402]

Re: A law question

In Kentucky if they get divorced will they still be brother and sister?

 

[SpinnerBait_Nut]

Re: A law question

Originally posted by rottenray6402:<br /> In Kentucky if they get divorced will they still be brother and sister?

WTH are you talking about ray?<br />You trying to be funny? You doing a bad job of it I grant you.

 

[RubberFrog]

Re: A law question

I think it depends if it's the cousin or the brother?

 

[Kenneth Brown]

Re: A law question

In Texas the last name can be whatever you want it to be. If she is still married it doesn't matter how many years she has been separated, the husbands name must be on the birth certificate.

 

[Bob_VT]

Re: A law question

Sadly, I do believe that the child has to have the same legal last name as the mother. I do not believe that the child can have the mother's maiden name unless it is her legal name.<br /><br />I will bet that a hospital (birth records center) will provide you with better guidance than we can. Here in VT I would contact a Town Clerk or the Legal Aid people.<br /><br />How close is the birth? Is there time to make legal changes? Good luck SBN.<br /><br />Bob

 

[JRJ]

Re: A law question

This sure helps take the heat off California Good luck to the mother and baby.

 

[SpinnerBait_Nut]

Re: A law question

The thing is that a divorce has been in the works now for a year or better.<br />The judge keeps saying something ain't right on the depostion decree or something like that.<br />They have redone it 3 times and this last time the wife called his office and the girl there said she did not see anything wrong, but said for us to call this lawyer and for about 100 bucks he would look it over and "Fix" it to where the judge would sign off on it.<br />Sounds like a "system" to me.<br /><br />There are no kids, money, propert or anything involved, they just want a divorce, period.

 

[SpinnerBait_Nut]

Re: A law question

Oh yea, baby due in June.

 

[familylaw]

Re: A law question

SBN, It depends what state you are in. Each state handle the issue according to their statutes. If the state you are in does not allow for the child to have a different last name, then the mother can always petition to have the child's name change later down the road. However, most states will presume that the separated husband is the father, and therefore he will be financially liable for the child's upbringing.

 

[familylaw]

Re: A law question

Originally posted by SBN:<br /> The thing is that a divorce has been in the works now for a year or better.<br />The judge keeps saying something ain't right on the depostion decree or something like that.<br />They have redone it 3 times and this last time the wife called his office and the girl there said she did not see anything wrong, but said for us to call this lawyer and for about 100 bucks he would look it over and "Fix" it to where the judge would sign off on it.<br />Sounds like a "system" to me.<br /><br />There are no kids, money, propert or anything involved, they just want a divorce, period.

SBN, if the Judge did not sign your Divorce Decree, then there's usually something wrong with it. Usually, the law clerk will tell you what you need to do in order for the judge to sign it. A lot of times, the Decree is missing statutory langauge that needs to be in the Decree. If it is an uncontested divorce, there's no need to hire an attorney. You should bring the Decree back to the court house and ask a law clerk what is wrong with the Decree and how you can fix it. <br />I review divorce decrees all day long to prepare it for the Judge to sign, and if there's a small error I am obligated to send the Decree back.

 

[KRS]

Re: A law question

her choice

 

[ob]

Re: A law question

I could be wrong ,but I would think that the original husband could petition any child support of a child that was not born of him pending the outcome of clinical test results and period of conception.

 

[whywhyzed]

Re: A law question

Originally posted by tommays:<br /> I dont no about the name but i know my BIL had to PAY child support on the second child that was not HIS becasue they were still married when she got preg<br /><br /><br />tommays

oh my... those would be fun cheques to write....