NJSBA Family Law Section

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  • 1.  Name Change Procedural Issue

    Posted 03-04-2016 03:22 PM

    Hi All - 

    I have a procedural question regarding a  surname change of a minor child.

    Child was born out of wedlock in Maryland and took mother's last name.  Mother married a different man (step-father) in NJ and took step-father's last name, leaving the child with her maiden name.  Maryland granted her sole legal and physical custody in 2013 and she moved to NJ in 2014 when she married step-father.  Birth father was previously incarcerated and has not had contact with the child.  

    1.  Does mother file for name change in NJ or MD?

    2.  Assuming NJ, does she need to register the custody order from MD, or can she simply file for the name change in the law division?  

    3.  If the name change is granted, can she use the NJ Court Order to amend the MD birth certificate? 

    Any other ideas are welcomed.  

    If anyone has input it'd be much appreciated - feel free to message back privately.

    Thanks in advance, 

    Andrew 

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    Andrew Fischer Esq.
    (732)547-2443
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  • 2.  RE: Name Change Procedural Issue

    Posted 03-06-2016 02:00 PM
    I believe you could file the Order in NJ and proceed here to change the birth certification, because they are now residents of NJ.  Read the NJ Supreme Court case - Ronan v. Adely for caselaw on the name change issue.



    Very truly yours,
    Siobhan Mary Fuller, Esq.
    176 Morris Street, First Floor
    Morristown, NJ 07960



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    Original Message


  • 3.  RE: Name Change Procedural Issue

    Posted 03-07-2016 10:29 AM

    Andrew,

    First, the birth certificate was issued in Maryland and can only be amended by Maryland's Vital Records.  Call them or go on line to see what their requirements are.  Usually just an application they have and a certified copy of the final judgment for name change.

    Second, as the child is a NJ resident, the mother can petition to have the name changed here - you are required to serve the natural father, regardless of the custodial order.  He will have a right to object and the standard the court would apply is the child's best interests in a contested situation.

    Third, why has the step father not considered a step parent adoption - a name change gives him no greater rights or obligations to the child than he has now - it is cosmetic. 

    Deb

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

    Original Message