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  1. #1

    Default Married but Want to Use My Maiden Name

    My question involves paternity law for the State of: Florida

    I'm currently 7 months pregnant and married to the father...Recently i've discovered my husband has been having an affair and i am planning on seeking a divorce sometime within the next year. (the reason for the wait is because he is military and we have both decided i need to stay on his insurance for a while longer) I plan on putting his name on the birth certificate but what i'm wondering is, can i put my maiden name as the baby's last name? I plan on going back to my maiden name after the divorce and i would like my child and i to have the same last name..can this be done, even if the father doesn't want it to?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Married but Want to Use My Maiden Name

    Pursuant to Florida law,
    Quote Quoting Florida Statutes, Sec. 382.013(3) - Birth registration
    (3) Name of Child. --

    (a) If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child's name.

    (b) If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court.

    (c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child's given name and surname.

    (d) If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.

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