The Child's Name in a Divorce
The Child's Names in a Divorce
There is no set answer as to what happens to the last name of the children. Both the father and the mother have the same right to use their last name, which means that the mother can have the name changed to her maiden name. Usually the test is the best interest of the child which is dicey at best when it comes to a last name. What is the analysis?
How long has the child used a surname?
Family unit identification?
Potential for embarrassment?
Child's preference?
The following are the important cases
Rossell Yacono, 196 N.J. Super. 109 (Law Div. 1984)
In re Fisher, 204 N.J. Super. 75 (Law Div. 1985)
M.D. v. A.S.L, 275 N.J. Super. 530 (Ch. Div. 1994)
Gubernat v. Deremer, 140 N.J. 120 (1995)
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