In New Jersey, when a married couple has children they typically agree to use the father's surname or a hyphenated version of the mother's and father's surnames when filling out a child's birth certificate. But when married couples divorce, do they have a right to legally change their children's names without permission from the other parent?

According to a recent ruling from an appellate court, New Jersey parents who share custody of their children should also be able to share an equal "ownership" of their children with regards to their kids' surnames. The decision overturned a previous ruling by a Superior Court judge who determined that a divorced mother of two children could change her kids' names without the permission of the father since the children primarily resided with her.

The New Jersey parents have been disputing their children's last names since their 2010 divorce. The couple's two children, who were born in 2006 and 2007, were both given the father's surname at birth. But after the divorce, the children's mother requested to legally change the kids' surnames by completely removing their father's last name and adding her last name instead.

A Superior Court judge initially approved the change, but the father, who has remained active in the children's lives since his divorce, argued that his children's surnames should not be changed unless he legally agrees to the change.

Last month, a three-judge panel overturned the ruling stating that since both parents share custody of their children, they also share "authority and responsibility" when making decisions that could affect the welfare and interests of their children.

The appellate panel also acknowledged that the Supreme Court has ruled in favor of mothers who wanted to change their children's last names without the permission of the fathers, but those cased involved mothers who were never married to the children's fathers. In this case, the New Jersey couple had already established a long, committed relationship prior to the birth of their children during their marriage.

Source: Courier-Post, "Divorced duo fights over kids' last name," Jim Walsh, Jan. 20, 2012