Full question:
I was separated and had a child that was not the product of my marriage. The state of New Jersey required that the child have my last name. Since I was not legally divorced, the child had to take my now ex-husband's last name. What documents do I need to change the child's last name to the biological father's name or my maiden name. The child is 13.
- Category: Name Change
- Date:
- State: New Jersey
Answer:
To change your child's last name in New Jersey, you must file a verified complaint for a name change. This complaint should include:
- The child's date of birth
- A statement that the name change is not intended to avoid creditors or for fraudulent purposes
- Details about any past criminal convictions or pending charges
If there are pending criminal charges, you must serve a copy of the complaint to the Director of the Division of Criminal Justice or the appropriate county prosecutor at least twenty days before the hearing.
The court will set a hearing date at least thirty days after the order is issued. You must publish notice of the application in a local newspaper at least two weeks before the hearing. Additionally, if the child is a minor, you must send notice by registered or certified mail to the non-party parent at their last known address.
During the hearing, if the court finds no reasonable objections, it will grant the name change. You will then need to publish the judgment in a local newspaper within twenty days and file the unredacted judgment with the appropriate court office within forty-five days. If there are any criminal convictions or pending charges, the clerk will also notify the State Bureau of Identification.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.