NJSBA Family Law Section

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Name Change

  • 1.  Name Change

    Posted 07-03-2013 10:34 AM

    I have a procedural question with regard to a client's post-judgment request to change her name and that of her daughter. The parties were divorced this year. The wife now wants to change her name and that of the parties' child. Is it possible to make both name change requests by way of one post judgment motion in the Family Part? I know that if we were dealing only with the wife's post-judgment name change request, such a motion is possible. I'm not sure, however, that you can also include the request to change the name of the child as well. As to the child, do I need to file this by way of a separate civil name change petition under the name-change statute (N.J.S.A. 2A:52-1) ? Obviously, I would like to be able to file the request for both name changes in one post judgment motion before the Family Part.  My preliminary view is yes, since some of the key cases on a child's name change appeared to origiante in the Family Part (i.e., A-112-11 Paul Emma v. Jessica Evans (070071)).  Just looking for confirmation.

     

    Any help that you can provide would be greatly appreciated.

     Thanks.

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    Chuck Vuotto Esq.
    Matawan NJ
    (732)696-2500

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  • 2.  RE:Name Change

    Posted 07-03-2013 10:55 AM
    One motion, in the Family Part (preferably with father's written consent; if not, notice required).  I think it is advisable to get two separate orders - one recounting mother's name change, and the other recounting daughter's.  Be sensitive to social security number disclosures.

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    William Teltser Esq
    Livingston NJ
    (973)994-0424

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  • 3.  RE:Name Change

    Posted 07-03-2013 12:34 PM
    I don't see why you would go to Law Div. on an application like this.  I agree with William.

    Hanan

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 4.  RE:Name Change

    Posted 07-03-2013 01:02 PM
    Because if you are not doing it as part of the divorce, you must comply with the requirements of the statute, which include pre and post-judgment publication, notification to the Attorney General, and payment of a $50 fee to the Treasury Department once the judgment is obtained.  Further, to change the child's name is a separate action and requires the consent of the other parent.

    Clara S. Licaa

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    Law Office of
    Clara S. Licata, Esq.
    55 Harristown Rd.
    Suite 302
    Glen Rock, NJ 07452
    201-612-1170
    Fax 201-612-1179
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  • 5.  RE:Name Change

    Posted 07-03-2013 01:19 PM
    Once again, I agree with Clara, Chuck. You're going to have to tango.

    I will relate that best practices would have such matters placed in family part; another question as to whether the individual judge will accept it. Tango still required; just in a different studio, and the action can't be bundled into your ex-spouse name change application :(

    You know... in all the years I've been doing this, I never saw the husband apply to change his name, and I never saw a woman apply to changer her's to anything but her birth name or prior married name.

    If I ever get divorced again, I plan to change my name to one of my favorite foods.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 6.  RE:Name Change

    Posted 07-03-2013 01:27 PM

    I've done several name change applications through the family part after a divorce. I've never had a problem having a judge hear one. In fact, just last year, a judge in Monmouth County granted one to a pro se in my case.  There was no publication requirement.  So this may be one of those local rules issues.

    As to the child, you absolutely have to file in the family part. I know that Chuck knows the case law - so no need to repeat it. I also have done applications to change the parent name and the child name at the same time.  There is no procedural bar to this. 

    Good luck.

    asc
    -------------------------------------------
    Amy Sara Cores, Esq.

    Fellow of the American Academy of Matrimonial Lawyers
    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Cores & Nachlinger, L.L.C.
    1001 US Highway 9 N
    Suite 205
    Howell, New Jersey 07731

    732 - 414 - 6669 office
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    Follow John on twitter @njfamlaw

    Blog: cnfamilylaw.wordpress.com

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  • 7.  RE:Name Change

    Posted 07-03-2013 01:49 PM

    The case I am currently doing is in the Law Division in Camden County and is a child name change.  The Court is requiring publication of the order setting the date of the hearing, which I have done and filed the affidavit from the Courier Post.  It amazes me that there are so many different experiences in this.  I was told I could not go through the Family Part but the Law Division could transfer it to the Family Part if there is a history of Family Part litigation by the parents.  Looks like there is no one right answer to this one. 
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    Carol Weil Esq.
    Laurel Springs NJ
    (856)352-0050

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  • 8.  RE:Name Change

    Posted 07-03-2013 01:56 PM

    Cheers to Carol's comment. I do not think many judges, even the ones that have accommodated this, have a lot of experience with the issue.
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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 9.  RE:Name Change

    Posted 07-03-2013 01:49 PM
    Just received an email from a retired judge (not saying who, of course), who assures me that

    all new requirements of notice to Prosecutor etc. have to be met, even when done in family part. Hope this helps.



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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 10.  RE:Name Change

    Posted 07-03-2013 02:14 PM
    Thanks to everyone who responded to this question.  I guess it isn't as clear as I might have hoped, but personally, I agree with those suggesting that the correct course is one post-judgment motion in Family Part to address both name change requests, while also meeting all statutory notice and other requirements.  Thanks again to all and enjoy the 4th!

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    Charles Vuotto Esq.
    Matawan NJ
    (732)696-2500

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  • 11.  RE:Name Change

    Posted 07-03-2013 04:05 PM
    If the child is under a certain age (5, I believe) you can "amend the birth record" without going through the name change process.  A judge can compel a party to cooperate and do so.

    While there is no exception for kids in the statute, I'd still try it in a Family Part motion - the worst that happens is a judge says "no."  It's not like you wasted a $30 filing fee or a lot of legal fees if you're applying to have mom's name changed as well.  If (and only if, I wouldn't draw attention to the issue otherwise) it's opposed, I'd argue that it's ridiculous to have to comply with the statute when it's a young child - the purpose of the statute is primarily to ensure there's no problem in tracking civil or criminal records, none of which would apply.

    Finally, a retired Judge (not saying who, of course, but I suspect it's the same one Curtis referenced) signed a consent order about 10 years ago that changed the name of an 11 year old.  Consent was submitted with crossed fingers that it wouldn't be rejected, and it wasn't.  I doubt this particular judge just signed things without reading them, so there's either been a change in law on the issue or doing it via consent is a different matter than litigating it.


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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 12.  RE:Name Change

    Posted 07-03-2013 04:11 PM
    Wrong on the attribution of judge. Just sayin'. No case reported or unreported from this source.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 13.  RE:Name Change

    Posted 07-03-2013 02:33 PM
    Not weighing in on Chuck's initial inquiry.  It's been thoroughly discussed but I am curious about Curtis' comment about never having a male client request a name change upon divorce or a woman taking a name other than a formerly-used one. 
    Never had a man request name change (although I admit I often forget to mention that he can do that) but I did have a woman choose to assume a name that was not her birth name or her former ex-husband's (therefore her child's) name.  She was so intrigued when I mentioned that she could pick any name that suited her fancy.  She chose the name "Baker" explaining that, if she could do it all over again, she would have chosen that as her occupation. 
    What kind of food, Curtis? [My name in that scenario would have to be Lisa Bacon] 

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    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    Phone (609) 465-9910
    Fax (609) 465-9920
    E-Mail [email protected]
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  • 14.  RE:Name Change

    Posted 07-03-2013 02:48 PM
    There are sooooo many, since I have been diagnosed as a foodie. One of my concerns is that people become misoriented to my ethnicity, or that Attorney Ethics regard it as an unfounded claim, particularly if I go into portion size, and the like. Thanks for asking. The first firecracker's on me.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 15.  RE:Name Change

    Posted 07-03-2013 04:12 PM
    Not to double dip on the topic, but hadn't seen the last post when I wrote the above.

    I've also had people assume something other than their surname.  Once a Chinese woman Americanized her name (although I would've kept Huang Lee, it has a beautiful ring to it, and who needs a friend who won't make the effort to learn to say one's name?), and once a Polish woman who's married and maiden names were too complex - she went with "Smyth." 

    And I had a male do it once (also in order to shorten a difficult last name).  The Judge at first balked, but then checked the statute and agreed to do it (which brings to mind the point -- isn't it faster, cheaper, less complex to get married and divorced quickly rather than going through the name change statute?)


    Finally - I was once asked in court by a lady Judge:  "Her MAIDEN name .... was she a maiden, counsel?  Let's call it her birth name."  Ahh, the PC police are everywhere.



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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    -------------------------------------------








  • 16.  RE:Name Change

    Posted 07-03-2013 04:19 PM
    Maiden name reference... hysterical. I can't log my humourous comments online.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 17.  RE:Name Change

    Posted 07-03-2013 11:03 AM

    Hi - I am doing one right now; you must file in the Law Division and follow the instructions in the rule...see attached.  If you need more, give me a call.
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    Carol Weil Esq.
    Laurel Springs NJ
    (856)352-0050

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  • 18.  RE:Name Change

    Posted 07-03-2013 12:46 PM

    Carol and I agree on this one. I would be pleasantly surprised (stunned, more likely) if it was now possible in family part.
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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

    -------------------------------------------








  • 19.  RE:Name Change

    Posted 07-03-2013 12:44 PM
    Sorry, Chuck...

    They have yet to revise the statute for kids, so you have to go through all the double publication nonsense. JPS (just plain silly).

    Hope you and yours have a lovely 4th, and hope you enjoy my evidence articles.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

    -------------------------------------------








  • 20.  RE:Name Change

    Posted 07-03-2013 01:45 PM
    All,

    When Chuck and I were emailing about this earlier today, I noted that many of the Appellete Division and Supreme Court cases dealing with name changes for children come out of the Family Court.  I do not see an impediment to bringing these actions in the Family Court and actually advocate for it, as the Law Division would only look to technical requirements usually and whether the name change would in any manner be for a fraudulent purpose.  In the few children's name changes I have done in Law Div. I have never once had a judge ask for proofs or opine on whether the name change would be in the child's best interests.  In a case where the child is already before the court, i.e. a divorce or an FD custody matter, I would argue that the child's best interests include bringing this type of action before the court that has heard other issues of import to the child.  The Family Division can require publication if it deems that necessary, but the Family court is better suited to evaluate the impact of a name change on a child, especially if the non-moving parent objects. In fact, I would suggest that is such an objection were lodged in the Law Division, I would think a Law Div. judge would be wise to transfer the matter to Family Div as being a "family or family-like" dispute where jurisdiction is properly before the Family Court.



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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 21.  RE:Name Change

    Posted 07-03-2013 01:54 PM
    I agree with Deb and repeat that best practices would have it in the family part. However, I thought the gist of Chuck's inquiry was whether he could bypass the red-tape notice requirements (legitimately), to which I say no. I would certainly not count past experiences with the Bench bypassing the requirements as anything to be relied upon. Thanks.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

    -------------------------------------------








  • 22.  RE:Name Change

    Posted 07-04-2013 10:09 AM
    On a related topic - for a transgender m-f client, will there be a problem with him changing both his names to female at the time of divorce?  Thanks and happy 4th to all.


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    Jenny Berse Esq.
    Cranford NJ
    (855)FAM-LAW1

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  • 23.  RE:Name Change

    Posted 07-04-2013 10:28 AM

    Jenny, yes, this can be a problem. On name changes for a transgender client, the court would also have to take testimony and have evidence that it is the medically/psychologically appropriate time for the name change to take place.  That requires certification from a doctor or the treating mental health professional.  As this is not a name change for the mere convenience of the divorcing party related to the divorce, it would also require the statutory notices, so I would view this as a need to file in Law Division.  Also, you will have to confer with the client on whether it is also the appropriate time to seek a change of the gender marker on the birth certificate.  Presently in NJ, unfortunately, that requires some proof of surgery and the medical certification that the client is now properly designated as his or her true gender.  See in re: Eck, 245 N.J. Super. 220 (App. Div. 1991), an appellete division case on the name change issue.  There is pending legislation that LGBT Rights Section seeks the Bar's support for that would reject the need for surgical intervention as a condition precedent to gender marker amendment. This is very important for the Trans community and I would urge everyone to look for the bill S2786 and write to your legislators to support.
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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 24.  RE:Name Change

    Posted 07-04-2013 10:39 AM
    Of course, I humbly defer to Deb on this issue. Seems rather oppressive.I am wondering... if a judge simply permits this at the conclusion of the divorce, would the change be void or voidable?

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 25.  RE:Name Change

    Posted 07-04-2013 10:42 AM
    Agreed it is cumbersome, no doubt, but it is the law and practice at the present time.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 26.  RE:Name Change

    Posted 07-04-2013 10:34 AM
    Yes. He can change his name to Potato Jam if he likes.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 27.  RE:Name Change

    Posted 07-04-2013 10:38 AM
    Curt, "thanks" for making light of this...but, no, the process for a transgender client is more complicated...see my reply

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 28.  RE:Name Change

    Posted 07-04-2013 10:42 AM
    I thought anyone could change his/her name to anything he/she wanted at the time of divorce?  (note:  on his license he is F)



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    Jenny Berse Esq.
    Cranford NJ
    (855)FAM-LAW1

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  • 29.  RE:Name Change

    Posted 07-04-2013 10:47 AM
    That ans was my impression, and I would certainly have attempted it. Deb is better informed than I on this issue, and I would go with her advice, since I don't know whether the usual name change in this Trans context would be void or voidable.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 30.  RE:Name Change

    Posted 07-04-2013 11:02 AM
    As to a name change being voidable, I don't know who would seek to void it.  The law in NJ is well settled on a transgender person's right to a name change. There are no other parties to those proceedings concerning a name change - other than potential creditors or a law enforcement agency who might seek to intervene if there are pending civil or criminal proceedings and they believe the name change is being sought to evade prosecution.  If anyone is concerned about that with any client, I would decline to put this forward in a family proceeding and tell the client to proceed to a Law Division process where notice can be given and if a potential intervenor fails to move - they would be foreclosed from objecting in the future.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 31.  RE:Name Change

    Posted 07-04-2013 10:58 AM
    If she has had a gender marker change, but the name was not changed, I don't get that, its usually the other way around, but then, perhaps with testimony as to the purpose of the acquisition of a name usually associated with the opposite gender, the Family COurt would approve.  If the gender marker is changed and the client presents as female to the world, I'd suggest you refer to your client as "she." That's who she is.


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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 32.  RE:Name Change

    Posted 07-04-2013 11:30 AM
    thanks Debra...understood...my limited understanding is that the emotional/physical process is not complete and she is still mostly presenting to the world as a he at this time

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    Jenny Berse Esq.
    Cranford NJ
    (855)FAM-LAW1

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