Legal Question in Family Law in New Jersey

Re: Name change

If paternity is proved, a court can order that the

father's name be added to the birth certificate.

Changing the child's name is another matter. The name would probably remain the same.

Gary Moore

Re: Name change

As noted by my Guru colleague, in a paternity action, there is a statutory provision for adding the father's name to the birth records and other similar relief. In some cases, the courts of NJ have found that the best interests of the child are best served by allowing the child to assume the name of the custodial parent. However, if the parties are in agreement, the court can and likely will change the child's name. There may be other circumstances in which the court will order that the child assume the father's name so to speak.