You have to file a motion with the Court. I suggest you use an attorney for this type of matter.
Herbert Tan, Esq.
The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)
305 Broadway, 14th Floor
New York, New York 10007
I agree with Mr. Tan, you must file a motion with the court that states why it is in the child's best interest for the last name to be changed. When the primary caretaker seeks to change the last name of a child, then there is a presumption in favor of the primary caretaker that the name selected is in the best interest of the child. The presumption may be rebutted by proof offered by the secondary caretaker that the name change is not in the best interest of the child.
DISCLAIMER: this answer doesn't constitute an attorney client relationship.
James R. Fridie III
200 Campbell Drive, Suite 226
Willingboro, NJ 08046
If you found this information helpful please click the thumbs up icon below.
You need to file a request for name change in court and can obtain the necessary paperwork from the court clerk or can hire an attorney to do so.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.
Sign up to receive a 3-part series of useful information and advice about child custody law.