Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My boyfriend and I are expecting an unplanned child. He is still married to another woman. Even though they have been separated for approximately 8 years and they live in different states she absolutely refuses to give him a divorce so he and I can get married. Here are my questions. Who’s last name can I legally put on the birth certificate as the baby’s last name, mine or his? If I can give the baby his last name and she finds a way to keep avoiding divorce, does she have ANY rights what so ever to my child? Is there any way that I can take legal action to ensure that she has NO contact with my child even though she has not made any threats towards my unborn child, me or my boyfriend?”
Question: She will have no rights to the child. If your boyfriend signs a voluntary paternity declaration at the hospital his name can go on the birth certificate. Based on the length of the separation it is likely that your boyfriend does not need his ex’s cooperation to get a divorce.
