Your Child’s Name Change in NJ: Legal Procedures, Parental Rights, and Court Considerations

How the New Jersey Superior Court, Family Part handles requests for a child’s name change, particularly when the decision is not supported by both parents

There are many cases in which a parent, or a child, will want to change the child’s last name. Often, a motion for name change occurs post-judgment after a divorce settlement, though a request for name change can also occur through a verified complaint or in a family court matter unaffiliated with divorce.

A parent may want to change their child’s last name because the child has a much stronger relationship and identification with the family whose name they want to share, because the child feels strongly about sharing a last name with their custodial (or non-custodial) parent or their siblings, because the parent with whom the child shares a last name has been abusive, and a number of other reasons.

In each request for a name change for a child under the age of 18, the family court judge will consider the child’s best interests as the driving force in their decision. If you or your child want to change their last name in Monmouth County or Ocean County, NJ, and your ex objects, contact a family law attorney at Bronzino Law Firm at (732) 812-3102  for a free consultation to better understand your rights in the matter and receive informed counsel as you move forward with the motion.

Practical Considerations for Changing Your Child’s Name in NJ

To change a child’s name, one must file a verified complaint or post-judgment motion, depending on the circumstances. A family court judge will review the motion to ensure that requirements are met and that a name change is in the child’s best interests.

Criteria for Child Name Change Approval in NJ

There are some requirements that must be met for a court to consider a request for a name change. First, the child must be under 18 years old. There also must be reasonable cause to request the change, and it cannot be in service of defrauding anyone. The non-custodial parent must be notified by certified mail and given an opportunity to present their opinion in court. Once these basic requirements are met, the court will proceed with the request and consider more nuanced reasons to grant it. These include the preference of the child, family and cultural circumstances that make a name change a positive outcome for the child, family and community realities for which reason changing the last name will provide a further sense of security and belonging for the child, and other reasons.

Name Changes for Minors in New Jersey with Parental Disagreement

A child’s last name can be changed despite the objection of one parent. The judicial process in such a case may be longer if such litigation is involved, as both parents are invited to weigh in with their desires on the matter. However, ultimately, the child’s best interests will be the deciding factor, and this may counter one parent’s desires.

In the past, the custodial parent had more of a say in determining their child’s last name. Now, however, each parent’s opinions are weighed equally. Should a contested name change go to court, the judge will not more heavily weigh who the custodial parent is, among considerations.

Understanding the Role of the Child in Name Change Decisions in New Jersey

At a certain age, a child’s preference will be considered a heavily weighted factor in a family court judge’s decision on the child’s name change. Because the child’s best interests are the key element of such a decision, their preference will take precedence once they are of an age in which they can critically think for themselves. Parents only have a say in a child’s last name until that child turns 18. At that point, the young person can elect to change their last name, and their parents will not have the legal right to weigh in.

NJ Legal Standard for Determining Whether a Name Change is in the Child’s Best Interests

As a result of Emma v. Evans (2013), New Jersey Family Courts encourage co-parents to come to a decision about their child’s last name together, before taking the contested issue to court. Emma v. Evans highlighted that a custodial parent should take steps to include the non-custodial parent in major decisions, and that once the issue proceeds to trial, the custodial parent will be given no precedence due to their custody status.

Navigate Your Child’s Name Change in Seaside Heights, NJ with Our Knowledgeable Family Law Team

A qualified family law attorney at Bronzino Law Firm is prepared to prepare a complaint requesting a name change for you, as well as develop a solid argument for the validity of your request. If your ex wants to change your child’s last name, and you don’t agree, a skilled lawyer at our firm will help you build a strong case for keeping their current name, and why changing it is not necessary or reasonably sound. Our skilled family law attorneys have successfully represented parents across Belmar, Manaquan, Seaside Heights, Lavallette, Point Pleasant, Long Branch, Bradley Beach, Monmouth Beach, Ship Bottom, Ocean County, and Monmouth County in service of their child’s well-being for years. We provide legal counsel in matters of divorce, custody, child support, name changes, and more. Contact us today at (732) 812-3102   for a free and confidential consultation to discuss your next steps.