Ex wife got remarried and had a child with husband #2. They were separated but still legally married when she gave birth. She gave that child my last name and not the fathers. After that divorce, she took my last name back. Since she was still legally married at the time, can I take her to court and make her change that child's last name?
Why does Walter Scott come to mind in answering this question ("Oh what a tangled web we weave, when first we practice to deceive.") But as to an attempted answer:
Florida Statute, Section 382.013
(2) PATERNITY.— States:
(a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.
So it seems the ex "practiced to deceive" by not inserting daddy/husband's name on the birth certificate. And, in so doing, it also appears she violated the above statute. Although she had a right to change her name back to your surname (as a name she was previously known as) not so for the little offspring, unless mom and dad had consented to that name change.
With that said, I cannot ensure how you can get your name off the birth certificate. It may be that you have to have the divorce reviewed (to see if the child is listed as the ex's child in the dissolution action) and then re-open that case, ask to intervene in the case, and then ask for the name to be changed. Sounds a little complicated to you? You're correct. Perhaps you could request that your ex do this, but to change the last name she needs the ex's consent. How did this father let his kid have your name to begin with?
Hope you can get cooperation and hit the easy button to resolve this.
Best regards,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.coom
954-316-3496
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