Q: My husband gave my daughter his last name knowing there was a chance that he was not her biological father.

A: Your question has limited facts about your particular case and it will be better for you to discuss your case with a Family Attorney in your area. Based on the limited facts provided, your Husband could request to disestablish his paternity. However, if he has acted as the child's parent for a long period of time, and because you are married, and he knew the child could not be his, a Judge may find that it is not in the best interest of the child and he may still be responsible for the child's support and considered the child's legal parent (most likely the legal name will not be changed). If the paternity is disestablished by a Judge, he will have no responsibility towards the child but also no right to visitation (the legal name could be changed, but not guaranteed). The outcome of your case, and whether a Judge will consider a name change, will be determined by more specific facts in your particular case and what a Judge considers to be in the best interest of the child.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.