I’m writing on behalf of my friend who is facing an impossible situation. She is 38 weeks pregnant and learned a few weeks ago that her husband wants to leave her and move out (a little after baby is born) to begin their separation and “get the clock started” towards divorce proceedings. This morning she discovered proof that he is having an affair. She is irrate and wants him out of the house immediately.
Here’s the question - she wants to give their baby her maiden name. She is currently using her husband’s last name, but plans to change it back to her maiden name once they are divorced (or whenever she can), but wants to give the baby her maiden name immediately when he’s born. Can she do this? Does the husband have to agree to this? Will this impact her rights to custody, alimony, child support, or anything else that she needs to be thinking about?