Orlando, FL asked in Divorce and Family Law for Florida

Q: Is it in my rights to give my unborn child hyphenated last name while going through a divorce

The divorce process started during the pregnancy. We filled all the paperwork out together and agreed on everything. We could not finalize the divorce due to the unborn child. Child has arrived and I decided to give the baby a hyphenated last name. I will be going back to one of my ex husbands last name due to having a child with him. With that in mind I did hyphenate the newborn child with the fathers last name and hyphened with what my last name will revert back to. Can I do this and can he now contest the divorce even though he agreed on everything?

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2 Lawyer Answers
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
PREMIUM
Answered
  • Miami, FL
  • Licensed in Florida

A: If you and dad did not agree to the child's name, then yes, this could be an issue that may delay your divorce. Basically the court would need to decide between the names that each parent wants based on what is in the child's best interest. It doesn't stop the divorce, but you'll need a hearing in order to finalize the case and the last name.

Good luck,

Vanessa Vasquez de Lara, Esq.

Victoria Lyn Anderson
Victoria Lyn Anderson
Answered
  • Orlando, FL
  • Licensed in Florida

A: If the two of you do not agree on the child’s name he can try to contest it in the divorce if it is still pending.

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