Child's Surname: Arrange your divorce on time

Questioner

Situation: * My girlfriend is expecting our baby * We have been living together for 1.5 years * My girlfriend is still officially married to her ex..... Ask: * if the baby is born and my girlfriend is still legally married. Can the child have my last name? Or is it legally the child of her ex and will it be named after him?

Lawyer

If your girlfriend is still married at the time the child is born, her ex is officially the father (the legal father). The child will then be named after him. It is a hassle to take steps after birth to undo this. I therefore strongly advise your girlfriend to arrange the divorce as soon as possible. Her ex may want to cooperate when he hears that a baby is on the way. If he becomes the legal father of the child, he is also financially responsible for it and is even his heir. To arrange the divorce you need a lawyer or lawyer/mediator. If desired I can give you more information about the procedure to follow.

Lawyer

Depending on how far along the pregnancy is, divorce proceedings could indeed be initiated as soon as possible, in which the court can be requested to pronounce the divorce as soon as possible so that your girlfriend's ex-partner will not be legally registered as the father of the baby. If the divorce cannot be pronounced as soon as possible, a procedure will have to be started after the birth to deny the paternity of the man to whom your girlfriend is still married, after which you will be able to recognize the baby as your own child and a choice can be made for the child's surname, either your own or that of your girlfriend. I could assist you in both cases. If you wish, you can contact me.

Questioner

Thank you for your comments, My girlfriend's divorce from her ex has unfortunately been going on for a while now, but he's trying to drag things out with everything he can. To make a very long story short.. Her ex continues to fail in everything. I hope this news will make him realize some things. Unfortunately, so far he has been completely pursuing his own plans. And he also doesn't plan on paying for his own child even though his salary is twice as high as my girlfriend's and my salary combined... who knows... miracles still happen. But so far, if he can get in the way and make our lives miserable, he will.. And I really don't want my child to be named after him.

Lawyer

He probably won't want to be the legal father either, so it's wise to tell him the news as soon as possible, explaining the consequences if the divorce isn't settled before the birth. Good luck!

Lawyer

I advise you to contact the lawyer who is currently handling the case for your girlfriend and to have him file a request with the court to have the divorce pronounced as soon as possible, if early. If the other party then agrees to sign a deed of acceptance (in which he indicates that he will not appeal against the pronounced divorce), the divorce could possibly be registered in the civil registry in the short term, after which the lady is officially divorced and the child, if born after the registration of the divorce, is officially not the ex-partner's. I also wish you success in settling this case.