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NJ & CT News

BY ALM Staff
April 29, 2013

NEW JERSEY

NJ Supreme Court Hears Arguments in Name-Change Dispute

New Jersey's Supreme Court is considering an appeal of Emma v. Evans, A-2303-10, a case in which the Appellate Division reversed a lower court ruling that concluded divorced custodial parents have the ultimate say in whether to re-name their children. The intermediate appeals court found that such a presumption would not be gender-neutral because mothers most often exercise primary custody over the children of divorce. During oral arguments before the state's high court, Justice Anne Patterson questioned the mother's attorney about the possible impediment to settlements that a ruling in her client's favor could engender, because a father would be concerned that once the property settlement was signed, the mother could unilaterally change his child's last name. The attorney for the mother answered that perhaps these concerns could be addressed during pre-divorce negotiations.

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