My wife gave birth to our daughter (we are still legally married) she signed the birth certificate without my consent with a different last name .

Mr. Dilmore:   The answer is found in Florida Statute 382.013(3), which states: "(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.   So, from the facts you wrote, it appears that there was a "disagreement" as to  the child's surname.  Accordingly, you should bring this up to the court (by pleading to have the child's surname changed pursuatn to this statute) and ask the Judge to change it in your final judgment of divorce.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785