After 40 weeks the baby arrives and you are presented with paperwork to complete to identify the name of the child and the father. Usually, this is not a daunting task as you have had sufficient time to discuss the name and you are both in agreement. If you are not married it is possible that only the mother is selecting the child’s name at birth.
In New Jersey, you can petition the court for a name change. However, if the parents dispute the name change then the trial court judge must make a decision.
In Emma v. Evans, 215 N.J. 197 (2013), the New Jersey Supreme Court said that once the parents have agreed to a name and one of them later wants to change the name, the standard is that the parent who wants to change the name must show that the name change is in the child’s best interest. The Court further listed 11 factors for the trial courts to consider:
- 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.
- The effect of a name change on the relationship between the child and each parent.
If you are seeking to change the name of your child or have been served with pleadings to change your child’s name, contact our office to set up a consultation with an experienced name change attorney. The attorneys at Baker Legal Group can assist you with navigating the complex legal issues surrounding name changes.
If you and the other parent consent to the child’s name change, our office can assist you with filing the paperwork jointly.