Pulling back on a nearly two-decade-old doctrine, New Jersey's highest court held Monday that where parents agreed on a child's surname at the time of birth, there is no presumption in favor of the custodial parent if the name is later sought to be changed.
"An approach that grants neither parent a preference when they agreed on a name at birth advances the goal of gender neutrality and eliminates distinctions between children born during marriage and children born outside of wedlock," Justice Jaynee LaVecchia wrote for the court in Emma v. Evans, A-112-11.
