In a recent NJ Supreme Court decision, the rights of the non-custodial parent were placed on equal footing with those of the parent of primary custody when it comes to establishing the surname of the child. This is an important development in the law for the non-custodial parent.
Parents Stand on Equal Footing in Child Name-Change Applications
Pulling back on a nearly two-decade-old doctrine, New Jersey’s highest court held Monday that where parents agreed on a child’s surname at the time of birth, there is no presumption in favor of the custodial parent if the name is later sought to be changed. The unanimous court, in Emma v. Evans, A-112-11, applied a different analysis than in Gubernat v. Deremer, 140 N.J. 120 (1995), where it found a presumption in favor of the primary custodial parent involving the initial naming of a child born out of wedlock.
