Like every issue involving children, having the other parent’s consent makes resolution of every issue easier.

In New Jersey, you may file a request with the Court for your child’s last name change. This could happen in a Divorce Complaint, a post-divorce motion, or a Family Court non-dissolution case. If the change is in the child’s best interests, the Family Court will approve, even over the other parent’s objection. If the child is too young to actively participate, then a parent will do so on his/her behalf. If the child is old enough to participate, then s/he may make their own preferences known, which could be highly persuasive to the Family Court Judge. At a certain age, the child’s preference will be determinative, if otherwise made in good faith.

What are the Procedures to Change a Child’s Name?

To change your child’s name, you must file a Complaint with the Family Court (see this form, starting at page 16), or a post-judgment motion if applicable. To be successful:

• Your child must be 17 or younger. If they’re 18 or older, they may seek the name change by themselves; their parents have no say)
• You have reasonable and proper cause for the change
• You’re not changing your child’s name to avoid paying debts, defraud creditors or anyone else, avoid criminal prosecution, or for some other improper purpose
• If the other parent doesn’t live with you and your child, you must send a copy of the filing to their last known address. Send the legal papers via certified mail, return receipt requested, and by regular mail, so you can prove receipt to the Court

If the other parent doesn’t contest the change and the other requirements are met, there shouldn’t be any problems.

 How Can a Child’s Name Be Changed if One Parent Objects?

Parents can dispute any issue in family court (and some do), including a child’s last name change. Like other issues, the Family Court Judge assigned to the case needs to decide if the name change is in the child’s best interests.

Does One Parent’s Opinion Have More Weight Than the Other?

In the past, New Jersey courts gave greater weight to the legal position of the primary custodial parent. Now, both parents’ views are given equal weight. The child’s best interests drive the Judge’s decision.

The New Jersey Supreme Court’s decision in Emma v. Evans, issued in 2013, stated parents or guardians of a child first should try to agree on a requested surname change before the matter proceeds to trial. The Court reasoned those with custody should make joint decisions whenever possible, but when they come to court, judges should treat their opinions equally. Whether they have primary custody or not, neither parent will have more of a say.

How Would a Court Decide the Issue?

In determining a child’s best interests, the Supreme Court directed the trial judge and parties to pay close attention to the evidence in a case. A trial judge should avoid giving weight to any evidence “stemming from gender preferences.” The Court gave a list of legitimate factors for trial judges to consider. “[V]alid, child-centric considerations,” said the Court, shall include:

• How long the child has used their given surname
• The child’s identification with a particular side of the family
• The potential embarrassment, anxiety, or discomfort a child may feel if s/he has a surname that differs from the primary custodial parent’s
• The child’s preference if mature enough to decide and express a preference
• History, if any, of parental misconduct or neglect, including failing to provide financial and emotional support or stay in contact with the child
• The degree of community respect, or lack of it, connected to the paternal or maternal name
• Improper motivation by the parent seeking the name change
• Whether the mother changed or plans to change her name if she imminently remarries
• Whether the child has a strong relationship with siblings with different last names
• Whether the surname has significant ties to family heritage or ethnic identity
• The impact of the name change on the relationship between the child and each parent

In an uncontested case, the results of a Complaint or post-judgment motion for a name change are predictable. However, in a contested matter, given all the issues in play, the trial judge’s decision is not readily predictable on any given set of facts. Given that reality, the parties may do well to start in a mediation or collaborative law setting, before filing with the court. Instead of running the risk of failure and spending the time, energy, and money litigation often requires, a negotiated agreement that satisfies both parents and the child may be the best route to take.

On the other hand, what if a parent has neglected a child, the child has no contact with that absent parent or the parent’s family, yet that parent opposes a good faith name change for what seems like control reasons? That may be a time to take a chance on a contested outcome, especially if the child feels strongly about it. Our office represented the plaintiff-mother in a case just like that. It involved a child’s self-identity and identity with the mother’s family, which needed to be respected. The child had an older sibling she felt close to. She wanted the same last name. In that situation, advocacy for the best interests of the child was strongly indicated. We filed the application, the trial judge took testimony by the child’s parents, and ruled the name change was in the child’s best interests and would be granted.

Contact Kingston Law Group – Lawyers You Can Trust With Your Legal Matters

If you want to change your child’s last name or you believe a proposed change isn’t what’s best for your child, contact us at 609-683-7400 or write us online, to schedule an initial consultation.   We offer appointments from 9 a.m. to 5:30 p.m., Monday to Friday, or pre-arranged evening appointment times. We accept major credit cards. We offer a reduced rate for your first consultation.

Kingston Law Group represents family law clients in Princeton, NJ, Central New Jersey, including Middlesex, Monmouth, Somerset, Hunterdon, Mercer, and Burlington Counties, Kingston, New Brunswick, Lawrenceville, Freehold, Somerville, and Flemington.

Call us today. You will be glad you did.