My boyfriend and his wife have been separated for over 2yrs. She is living with another man and she and her new boyfriend have a child together. Her and my boyfriend have just not filed for the actual divorce yet. I am now pregnant. Can I legally give out baby his last name since he is still technically married to another woman?
Answer
Yes, but please focus on the question you didn't ask. Your boyfriend is in a huge legal mess and he needs a lawyer (and a divorce). His wife's child belongs to him even though he is not the father as Georgia law presumes he is the father and must support that child. This can be settled in a divorce, but the longer this goes on the harder it gets to fix.
Answer
You can give your child the last name of his/her father. Even though your boyfriend and his wife are separated, he is still considered the legal father of the child born to his wife and her boyfriend. He is in a tangled mess and he needs to get out of it. You may wish to speak to an attorney on child support and other issues which could arise with your child.
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