No, it is not a problem that your child's last name matches that of your boyfriend. However, it would be a problem if your boyfriend's name was placed on the birth certificate as if he is the child's father.
Yes, the fact that you had a child while married does complicate your divorce. Under the terms of GA law, your husband automatically became the child's legal father (and is subject to support requirements and custodial rights). To change this, the child's paternity will have to be addressed within the divorce process.
Yes, you can potentially loose custody of your child. The likelihood of that happening will depend on more information than is contained within your question.
You are going to need an attorney to assist you with how to proceed to resolve all of this.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
You have a huge problem that must be addressed in the divorce. I am shocked that Gwinnett Legal Aid failed to discuss this with you. Legally, your 2011child is presumed to be your husband's child. You need to resolve this in the case and you need a lawyer's help. The final decree and the pleadings have to address this. Typically I suggest resolving this by a paternity test on your husband proving he is not the child, and this is filed with the court. There are no shortcuts here and you definitely need legal counsel.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
You need to get an attorney. Please give our office a call if you would like to discuss this matter further.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033