When parties separate or divorce, it’s not always just one of the adults who wants to resume their former surname. There are also sometimes disputes over a child’s surname. One parent may wish to hyphenate a child’s surname to reflect both families, change their child’s surname after remarriage, or change the child’s surname altogether to associate with the primary household. Whatever the reason, a parent cannot unilaterally change a child’s legal name without a Court Order.
In New Jersey, when there is a dispute, a Court considering a parent’s application for a name change considers the “best interests of the child” standard. In doing so, the Court considers several factors, as set forth in the case of Emma v. Evans, including:
- The length of time the child has used his or her given surname;
- Identification of the child with a particular family unit;
- Potential anxiety, embarrassment, or discomfort that may result from having a different surname from that of the custodial parent;
- The child’s preference if the child is mature enough to express a preference;
- Parental misconduct or neglect, such as failure to provide support or maintain contact with the child;
- Degree of community respect, or lack thereof, associated with either paternal or maternal name;
- Improper motivation on the part of the parent seeking the name change;
- Whether the mother has changed or intends to change her name upon remarriage;
- Whether the child has a strong relationship with any siblings with different names;
- Whether the surname has important ties to family heritage or ethnic identity; and
- The effect of a name change on the relationship between the child and each parent.
No single factor is determinative. Instead, the Court evaluates the totality of the circumstances to decide what outcome will best serve the child’s best interests.
If you are considering changing your child’s name, our experienced family law attorneys can guide you through the process and advocate for your child’s best interests. Contact our family law team today to discuss your options.