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angie_04530 · May 18, 2011, 09:20 AM

My sons Girlfriend is 5 months Pregnant and is still legally married!. She has a Daughter with her husband but this is my sons baby.. Can she name her baby after my son or does she have to Legally give this baby her husbands name? Im really worried about my son and his unborn daughter!.
I have been bringing this topic to her with concearn and she gets very snappy and says she can give it the popes name and there's nothing anyone can do about it!. She has been separated from her husband for about 2 years now but I don't think that makes any difference.. I hope someone can help me! Thank You:rolleyes:
-Angie

JudyKayTee · May 18, 2011, 09:53 AM

In NY the mother controls the child's name. She chooses the name for the birth certificate. I don't know where you are but there is a good possibility that the husband will be considered to be the legal father unless/until DNA is performed. That would make the husband liable for child support.

She and your son need to get from under what could become a problem in the future - divorce and determination of the father are the way to do that.

AK lawyer · May 18, 2011, 10:09 AM

Originally Posted by JudyKayTee

In NY the mother controls the child's name. She chooses the name for the birth certificate. ...

Yes, in general, the person who reports the information which will go on the birth certificate (usually the mother) can choose whatever name she pleases. If your son cared what name his child has, he should have been more discriminating about who he had sex with.

You should be more concerned about getting child custody, visitation, and child support resolved, once the baby is born.

this8384 · May 18, 2011, 01:58 PM

Originally Posted by angie_04530

My sons Girlfriend is 5 months Pregnant and is still legally married!..She has a Daughter with her husband but this is my sons baby..Can she name her baby after my son or does she have to Legally give this baby her husbands name? Im really worried about my son and his unborn daughter!..
I have been bringing this topic to her with concearn and she gets very snappy and says she can give it the popes name and theres nothing anyone can do about it!..She has been seperated from her husband for about 2 years now but I dont think that makes any difference..I hope someone can help me! Thank You:rolleyes:
-Angie

As was already stated, the mother can give the child any name she pleases.

Depending on where you are located, your son may not even be able to challenge paternity due to his girlfriend being legally married - some states automatically rule that the husband is the legal father and the husband and mother would have to be the ones to contest paternity. If you provide us with your location, we can look into the local laws and give you a better answer.

Out of curiosity, how old is your son? I'm sure he's already aware but he has made two major mistakes: dating a "separated" woman and having unprotected sex with her.