The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Answers to general legal questions posed by the general public

by Memphis Attorney Christina Burdette

Q: "My divorce will be final before my child is born ...

....Since it will be less than 300 days since the divorce final date, will my exhusband name still have to go on the birth certificate? Does he have to be at the birth for this to happen since we will be divorced? Can my child have my maiden name? Or how does the process work since we will be divorced? I don't want child support neither does he want to pay it or be involved."

A: You need to consult with an attorney...

...because you are asking more than one question, all of which are intertwined. You don't mention whether the child is your husband's. I can tell you that if the child is born before you are divorced, there is a presumption that the child is your husband's. If so, he is legally obligated to pay child support whether or not you want to receive it or he wants to pay it. Whether he exercises his visitation rights is another matter.

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