Emma v. Evans

The opinion of the court was delivered by

FISHER, J.A.D.

“What’s in a name?”1 In this appeal, we examine the propriety of a presumption in favor of the parent of primary residence2 when seeking, over the other parent’s objection, a change in the surname of their two children. In two eases — Ronan v. Adely, 182 N.J. 103, 861 A.2d 822 (2004) and Gubernat v. Deremer, 140 N.J. 120, 657 A.2d 856 (1995) — the Court authorized application of a presumption in the PPR’s favor in name-change disputes when the child was born out of wedlock. In this matter of first impression, we reject the adoption of…