Factors to be considered in determining the best interests of a child in renaming disputes between parents who agreed on a child’s surname at birth but find themselves later in a dispute over whether to alter the child’s surname include:
(1) the length of time the child has used his or her given surname;
(2) identification of the child with a particular family unit;
(3) potential anxiety, embarrassment, or discomfort that may result from having a different surname from that of the custodial parent;
(4) the child’s preference if the child is mature enough to express a preference;
(5) parental misconduct or neglect, such as failure to provide support or maintain contact with the child;
(6) degree of community respect, or lack thereof, associated with either paternal or maternal name;
(7) improper motivation on the part of the parent seeking the name change;
(8) whether the mother has changed or intends to change her name upon remarriage;
(9) whether the child has a strong relationship with any siblings with different names;
(10) whether the surname has important ties to family heritage or ethnic identity; and (11) the effect of a name change on the relationship between the child and each parent.
http://njlaw.rutgers.edu/collections/courts/supreme/a-112-11.opn.html
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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