Legal Question in Family Law in New Jersey
Name change of a minor
I am in the process of legally changing my daughter's last name from my maiden name to my now married name. My husband and I are having a baby in February and the baby will be born most likely before my daughter's name change is final. In an attempt to not have her feel left out of our expanding family I asked her school to call her by my husband's last name even though it has not been made official yet. They denied this request adamantly. Is my request legal? Can I instruct the school to call my child whatever I want? Her name will legally be changed before the school year is out. I just don't want her to feel cast aside when our new baby comes because she will have the only different last name in our household. Help please!
1 Answer from Attorneys
Re: Name change of a minor
Changing a child's name is one of the more fun things that I have done as an attorney. In your case, you would be telling her that she is officially really and truly a member of the family. Everyone feels good, even the lawyer and judge.
I can not answer your question. It sounds silly and mean spirited for the school to do this.
I can say this: name change does NOT take a long time if you do it correctly (get the order from the judge, publish in the newspaper, get the second hearing). There is a reason why you hire professionals to do things for you (fix the leaky pipes in your house, take care of your child's high fever, get the Court order for name change): the professional knows how to do it faster and better, and can deal with problems that come up. You may want to hire an attorney (the cost is not a lot) to get this pushed through faster. No guarantees, but probably faster.
The last little boy I did answered the Judge's question:
"what do you want your NEW name to be?"
the little guy said (truly):
"My new name is Spiderman!!"
His mom and grandparents, and the Judge and I, fell over laughing.
He is NOT now known as Spiderman. His mom picked his new name. He was disappointed. 5yrs old.
anyway, if you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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