What is the procedure for a parent to file an application to change the child’s surname?
A name change application can only be made via a formal complaint pursuant to N.J.S.A. 2A:52-1 and R. 4:72-2. Basically, a full trial must be held for a court to consider any application to change a child’s name. Many times a person may try to skip this requirement, and will try to change the child’s surname by filing a motion. It is much easier to file a motion than to start a formal court case against the former spouse. In the case of Viola v. Fundrella, 241 N.J. Super 304 (Ch. Div. 1990), the court specifically held that a child’s surname cannot be changed by way of a motion but only via a complaint. 4. What is the most important case on the issue of changing the surname of a child? The most important case on this issue is the landmark case of Gubernat v. Deremer, 140 N.J. 120 (1995). An overview of the facts of this case is very helpful. The parties were never married. The mother assumed most, if not all, of the child care responsibilities. After difficulties arose, the mother file
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