Names changed through marriage do not require a visit to a lawyer or a courtroom. Your marriage license is generally all that’s needed. If you’re getting divorced, you can generally request that the judge handling your divorce formally restore your old name.
What if you change your name for religious reasons? Or, what if you simply don’t like your name? The procedure is a bit more complicated if you apply to a court to change your name for reasons other than marriage or divorce. Here are a few things to keep in mind:
Adinolfi, Lieberman, Burick, Falkenstein, Roberto & Molotsky, P.A. is conveniently located in New Jersey. Our experienced and professional attorneys are ready to assist you – so contact us today to schedule a consultation.
In the case of Emma v. Evans, the parties had two children, who were both given their father’s surname, “Emma”, at birth. The parties divorced and the mother was named primary residential parent of the children. After the divorce, the mother began hyphenating her children’s names on medical and school records as “Evans-Emma.” She then asked a court to allow her to change the children’s surname to her last name, “Evans”.
The New Jersey Supreme Court ruled that in order to change a child’s surname, a “best interests of the child” standard applies. Many factors are taken into account in determining which surname suits the best interests of the child including the length of time the child has used the surname, identification of the child with a particular family unit, the potential anxiety or embarrassment which may result from the name change, the child’s preference, etc.
The “best interests of the child” standard represents a change in the law. Previously, although Courts still used the “best interests of the child” standard in surname disputes, the primary custodial parent was entitled to a presumption that his or her choice of name was in the best interests of the child. Emma v. Evans has removed that presumption in favor of the primary custodial parent.
