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Pls help! What surname to use for child?

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1 Pls help! What surname to use for child? on Thu Nov 14, 2013 12:17 pm

mommyprosperity


Arresto Menor
Atty, allow me to lay down the facts surrounding my problem:

1) I have a daughter (14) and son (13). I got married a week AFTER my daughter was born.

2) Daughter was registered using my maiden name. At the time of her birth, I was not married.

3) Months BEFORE son was born, I and my husband parted ways. I learned that he was married BEFORE he married me. I am now working on nullifying our marriage.

4) I have been unable to register my son. His school, until now, has been very understanding of the lack of his birth certificate.

What last name should my son use? His father's surname (even if our marriage is soon-to-be nullified) or my maiden name? In an earlier attempt, the hospital refused to use my maiden name because I declared that we were married and attached a copy of the marriage certificate.

Pls advise. Thank you very much.

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2 Re: Pls help! What surname to use for child? on Thu Nov 14, 2013 1:04 pm

attyLLL


moderator
shouldn't you discuss this with your lawyer handling the annulment? inquire about waiting for the annulment to become final


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3 Re: Pls help! What surname to use for child? on Thu Nov 14, 2013 2:27 pm

mommyprosperity


Arresto Menor
Waiting til after the nullification is final before I file for late birth registration is an option. But school is pressuring me to submit a birth certificate. I am hoping that this forum would be able to generate more possible courses of action.

1) If I file now (before nullification is final), am I compelled by law to use the father's surname?
2) If I file now using father's surname, after the nullification is final, what processes can I undertake to revert back to the previous surname (which is my maiden name)?

Thank you for your help.

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4 Re: Pls help! What surname to use for child? on Tue Nov 19, 2013 12:24 pm

attyLLL


moderator
at this point, your only option is to register him under your husband's surname because you are still considered married.

the court can decree the change in surname once the case is final.


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