I am the unmarried father of a child who has been under the physical custody of his mother since birth. I am seeking joint custody, joint consultation on decisions affecting the child's education and welfare and greater visitation privileges. Mother gave her surname to the boy at birth, but I want to change the child's surname to my own. Will the court change the child's last name to mine?
Maybe. The New Jersey Supreme Court has held that the last name given to a child by the custodial parent is presumptively in the child's best interest, but the presemption is reputable by a preponderance of the evidence. The name change was permitted, for among other reasons, so as to assure the child that "he always has a father."
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