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A plenary hearing is particularly important when the submissions show there is a genuine and substantial factual dispute regarding the welfare of children

Posted in *All Posts, *Published case, Child Relocation, Child-custody, Child-visitation, Child's Name, Parental Alienation

If two parents are involved in a dispute over a child’s name, the court must consider the best interests of the child

Posted in *All Posts, Child's Name

Where the parents dispute the naming of a child, even if they had previously agreed on the name, courts must determine what is in the best interests of the child

Posted in *All Posts, Child's Name

The standard for changing a surname applies whether the child is born in or out of wedlock

Posted in *All Posts, Child's Name

In implementing the best-interest-of-the-child standard, courts rely heavily on the expertise of psychologists and other mental health professionals

Posted in *All Posts, Child Relocation, Child-custody, Child-visitation, Child's Name

Name-change disputes when the child was born in wedlock to parents who subsequently divorce

Posted in *All Posts, Child's Name, Divorce

Where both parents have custody of a child, are both available, and disagree on the selection of a surname, the child shall be given a hyphenated surname based on alphabetical order

Posted in *All Posts, Child's Name

There is a strong presumption in favor of the surname chosen by the custodial parent

Posted in *All Posts, Child-custody, Child's Name

The non-custodial parent bears the burden of establishing by a preponderance of evidence that the presumption in favor of the primary caretaker’s choice of name is not in the child’s best interest

Posted in *All Posts, Child's Name, Divorce, Domestic-violence, Name Change

Gender-based presumptions should play no part in a child’s surname

Posted in *All Posts, Child-custody, Child's Name

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
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Please review our Confidential Mediation services; and visit our NJ Collaborative Divorce webpage.
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