Pregnant, divorcing, but I want my baby to have my last name.

Jessica - posted on 10/01/2014 ( 3 moms have responded )

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My husband wants a divorce, I am 30 weeks pregnant. He says he wants to be in her life. I live in Texas and am told by others we can't get a divorce until after the baby is born. I plan to change my name back to my maiden name and I want my daughter to share my last name. I am wondering if I have to give her his last name or if I can give her mine?

My reasoning is that we will be living in different towns and she will be living with me. I am going to be the one taking her to school and the doctor. I don't want any hassle over last names when I am going to be the one taking primary care.

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♫ Shawnn ♪♫♫ - posted on 10/01/2014

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You can get a divorce whenever, pregnant or not. However, it will probably not be so easy for the baby just to have 'your' name, and not her father's. What is your reasoning for that, other than you just want her to have your name?

Because, honestly, you may not have a choice in the matter. It depends on the laws in your area. In Wyoming, for example, if one divorces whilst pregnant, or gives birth within a 9 month span of the divorce being finalized, the child will be given the ex husband's surname, regardless.

Your husband has just as many rights to be a parent as you do, and the same right to have his child have his last name. May I suggest that you hyphenate both, and worry about more important things?

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Dove - posted on 10/01/2014

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You can give her whatever name you want, but the father has the right to contest it. Whether or not you can get a divorce prior to the birth of your child depends on the state (I think).

He can possibly file now, but it won't be final til after the birth either way.

Nicole - posted on 10/01/2014

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There's no law that says you have to wait till after the baby is born. Yes you can give her your last name. My oldest daughter has my maiden name because her father decided he didn't want to be in our life.

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