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Last Name Choice During Divorce

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  • 05-27-2011, 12:17 PM
    Happymom
    Last Name Choice During Divorce
    My question involves a child custody case from the State of: Florida and Indiana

    My husband and I are legally separated in the state of Indiana, where we have a divorce pending and he lives. I'm pregnant and the child is his without question, but I live in Florida, have been here over six months and the child will be born here. Our divorce will not be final prior to the birth of our child.

    I will be reverting to my maiden name when the divorce is final and I'd like to give the baby my maiden name at birth in anticipation of this. Will Florida law allow me to choose my maiden name as the baby's last name?

    I don't know if this part is is relevant, but I do have an order of protection against my husband and full custody of our other child with him only getting supervised visitation. I don't expect this to change with the divorce nor do I expect him to spend much time with either child. Thank you.
  • 05-27-2011, 04:09 PM
    tex11
    Re: Last Name Choice During Divorce
    If the child is born before you are divorced, you will NOT have the right to change the childs last name. Not unless the court grants approval for such, and in this case it is unlikely. Even if the father does currently have supervised visitation.

    Courts are often more inclined to order and maintain supervised visitation during temporary orders than in permanent orders, so there is a possiblility permanent supervised visitation may not be incorporated into the final orders.
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