How can I change my son's last name to mine?

Full question:

I need to change the name of five year old boy to take my last name. The boy was born while the mother was still married to ex-husband and therefore carries his last name. I am the biological father. The boy and mother now live with me.

• Category: Name Change
• Date: 04/07/2025
• State: New Jersey

Answer:

A parent can file a petition to change a minor's name in New Jersey. The process starts with filing a verified complaint with the Superior Court in the child's residence jurisdiction. This complaint must include:

• The petitioner's name
• The desired new name
• The reasons for the name change
• A statement that the request is not intended to avoid creditors or obstruct criminal prosecution
• Information about any criminal convictions or pending charges against the child

Notice must be served to the other parent, who can object to the name change. This notice should be sent to the other parent's last known address at least twenty days before the hearing, via certified mail with return receipt requested. This allows the other parent to file objections if they believe the name change is not in the child's best interest.

If the other parent objects, you must show the court that the name change is in the child's best interest. The court will consider factors such as:

• The length of time the child has used their current name
• The child's identification with the family unit
• Any potential anxiety or discomfort the child might feel with a different surname from the custodial parent
• The child's preference, if they are old enough to express it

The court will schedule a hearing at least thirty days after the order. Notice of the petition must be published in a local newspaper at least two weeks before the hearing date. If the court approves the name change, the order can be used to update the child's birth certificate.