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Married but whose last name is it?

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  • Married but whose last name is it?

    I live in Denver, Colorado. Married since 9/05 but separated since 05/06. I have a restraining order on him due to domestic violence. In August was our court hearing but he asked for a continuance since his lawyer was unable to be there. He stated he did not agree with the divorce, my parenting plan etc. So they continued it for 11/30/06.

    I'm currently getting a divorce. I also just had a baby. I never got my name legally change to his last name. So for privacy purposes these are fictious names. My last name is Smith. His last name is Jones. But I gave my son my last name. The father is on the birth certificate. Also I have a restraining order on him which is due to domestic violence. But allowed him to witness the birth of his son.

    Now he wants to pick up my new born even come to my house to visit. For obvious reasons this is so not going to happen. He is playing now the poor me. The restraining order is no good now cause I let him in the room. Also I can get in trouble cuz we are still married and I gave our son my last name. That he can legal get it changed to his name.

    My questions are....
    Is the restraining order still good?
    Can I get in trouble for giving him my name?
    Can he change it to his name?

  • #2
    Check with the court but the RO should still be valid unless it had an expiration period.

    He can go to court and fight the name issue but he really cannot do much more about it--and he is not likely to look great in court...

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