How do I change my son's name to his biological father's last name?

01/03/2007 - Name Change - State: NJ #58

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.

Answer:

Complaint:

An action for change of name shall be commenced by filing a verified complaint setting forth the grounds of the application. The complaint shall contain the date of birth of the plaintiff and shall state:

(a) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes;
(b) whether plaintiff has ever been convicted of a crime and if so, the nature of the crime and the sentence imposed;
(c) whether any criminal charges are pending against plaintiff and if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter. If criminal charges are pending, a copy of the complaint shall, at least 20 days prior to the hearing, be served upon the Director of the Division of Criminal Justice to the attention of the Records and Identification Section if the charges were initiated by the Division, and otherwise upon the appropriate county prosecutor. Service upon the Division or a prosecutor shall be accompanied by a request that the official make such response as may be deemed appropriate. [New Jersey Rules of Court, Part IV Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate's Courts, Sec.4:72-1.

Notice of Application:
The court by order shall fix a date for hearing not less than 30 days after the date of the order. Notice of application shall then be published in a newspaper of general circulation in the county of plaintiff's residence once, at least 2 weeks preceding the date of the hearing. The court shall also require, in the case of a minor plaintiff, that notice be served by registered or certified mail, return receipt requested, upon a non-party parent at that parent's last known address. [New Jersey Rules of Court, Part IV Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate's Courts, Sec.4:72-3.]

Hearing; Judgment; Publication; Filing:
On the date fixed for hearing the court, if satisfied from the filed papers, with or without oral testimony, that there is no reasonable objection to the assumption of another name by plaintiff, shall by its judgment authorize plaintiff to assume such other name from and after the time fixed therein, which shall be not less than 30 days from the entry thereof. Within 20 days after entry of judgment, a copy thereof, from which plaintiff's social security number shall be redacted, shall be published in a newspaper of general circulation in the county of plaintiff's residence, and within 45 days after entry of judgment, the unredacted judgment and affidavit of publication of the judgment shall be filed with the deputy clerk of the Superior Court in the county of venue and a certified copy of the unredacted judgment shall be filed with the appropriate office within the Department of Treasury. If plaintiff has been convicted of a crime or if criminal charges are pending, the clerk shall mail a copy of the judgment to the State Bureau of Identification. [New Jersey Rules of Court, Part IV Rules Governing Civil Practice in the Superior Court, Tax Court and Surrogate's Courts, Sec.4:72-4.]



Please see the information at the following links: Please see the forms at the following links:

01/03/2007 - Category: Name Change - State: NJ #58

See more Questions in the Name Change Category