Will it cause me or my child any problems if I give him his fathers last name? 3 Answers as of November 18, 2010My husband recently told me he wants to split up and I am 4 weeks from delivering our son so I have last minute decisions to make as far as last name for the child. I want to give my son his fathers last name. But I want to make sure I will not have problems since my last name will be different and I am going to be the one who has primary custody if granted. My husband changes his mind a lot, one day he says he does not want the baby and the next he is threatening to take him from me and I just want to make sure that the last name will not favor him taking our son, or cause me any problems as far as proving I am his mother. Having a different last name from my son just seems like it could complicate things.
Michael Apicella | Apicella Law and Mediation
If there is any future custody dispute between you and your husband during a divorce proceeding, a custody determination will not be affected by your prior agreement regarding the child's last name. Custody determinations are made based on the child's "best interests." Many factors go into such "best interest" determination. Selecting a last name is not one of them. If you anticipate a nasty divorce involving a custody battle, you should immediately consult with a local family law lawyer to protect your rights. Good luck.
Answer Applies to: California