Can a Sole Custodial Parent Change a Child's Name Without Consent
My question involves name change laws in the State of: New Jersey. I have total custody of my daughter. Her father and I were never married but she has his last name. He became a heroin user just a few weeks after she was born and went in and out of drug rehabs for the first 9 months of her life before I left him. He was also physically abusive to me, very manipulative, and mentally ill (diagnosed with multiple issues) He willingly signed papers from my lawyer giving me legal, residential, and physical custody of her without having to go to court, but he does not agree to the last name change. He does not pay child support and he has no visitations with her. He saw her two times since she was 9 months old and she is 18 months now. He is not in her life and has made no attempt to be, but does not consent to changing her last name. What can I do and will this be hard?
Re: I Have Total Custody of My Baby. Dad Has No Visitations. Can I Change Her Last Na
It is possible in NJ for the custodial parent to have his/her child’s last name changed even in the face of opposition by the other parent. In general NJ courts start with a presumption that a name change requested by the custodial parent is in the child’s best interest, but the courts take into account a number of factors in deciding whether the name change is in the best interest of the child, so it is certainly not automatic that you’d win. Since the father opposes the name change, it would be a good idea to have a family law attorney assist you in this. However, if you decide to try it on your own, the NJ courts have a name change packet that explains what you need to do and has some forms for you to use.