Sacklow v. Betts

163 A.3d 367, 450 N.J. Super. 425
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 17, 2017
StatusPublished
Cited by2 cases

This text of 163 A.3d 367 (Sacklow v. Betts) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sacklow v. Betts, 163 A.3d 367, 450 N.J. Super. 425 (N.J. Ct. App. 2017).

Opinion

SILVA, J.S.C.

The matter before this court is one of first impression in this state. Plaintiff has petitioned this court to change the parties’ sixteen-year-old transgender child’s name from Veronica Betts to Trevor Adam Betts.1 The question facing this court is the standard to apply and which factors the court should consider. As more fully explained herein, the court finds that the best interest of the child standard should govern the court’s decision and that the following factors should be considered when determining whether a name change is in the minor child’s best interest, where the minor child is transgender and wishes to assume a name they believe corresponds to the gender they identify with:

(1) The age of the child;
(2) The length of time the child has used the preferred name;
(3) Any potential anxiety, embarrassment or discomfort that may result from the child having a name he or she believes does not match his or her outward appearance and gender identity;
(4) The history of any medical or mental health counseling the child has received;
(5) The name the child is known by in his or her family, school and community;
(6) The child’s preference and motivations for seeking the name change;
(7) Whether both parents consent to the name change, and if consent is not given, the reason for withholding consent.

I. Procedure to Change a Minor’s Name

The application for a minor’s name change implicates various procedural requirements. First, pursuant to N.J.S.A. 2A:52-1 and Rule 4:72-1(a), an application to change a minor’s name shall be commenced by filing a verified complaint setting forth the grounds for the application.

The complaint shall contain the date of birth of the minor child and shall state:

(1) That the application is not made with the intent to avoid creditors or to obstruct delinquency prosecution or for other fraudulent purposes;
[428]*428(2) Whether the minor child has ever been convicted of delinquency and if so, the nature of the delinquent behavior and the sentence imposed; and
(3) Whether any delinquency charges are pending against the child and if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter.
[it 4:72-l(a).]

Additionally, if the minor is involved in a family action, “the complaint shall state whether the child or any party in interest ... is the subject of a family action pending or concluded within the three years preceding the filing of the complaint.” R. 4:72 — 1(b). The court finds that plaintiffs verified complaint satisfied the requirements of N.J.S.A. 2A:52-1, Rule 4:72-1(a), and Rule 4:72— 1(b). It is uncontested that Trevor is not doing this with the purpose to defraud creditors or avoid criminal prosecution nor has Trevor ever been involved with the criminal justice system.

II. Standard of Review On An Application to Change a Minor Child’s Name

The seminal cases dealing with a minor child’s name change are Gubernat v. Deremer, 140 N.J. 120, 657 A.2d 856 (1995) and Emma v. Evans, 215 N.J. 197, 71 A.3d 862 (2013). These cases dealt with the surname change of a minor child and set forth factors courts should consider when deciding a parent’s application to change their minor child’s surname.

In Gubernat v. Deremer, supra, 140 N.J. at 123, 657 A.2d 856, the Court determined that the main consideration for whether a minor’s surname should be changed is whether it is in the best interests of the child. In order to assist the trial courts in making this determination, the Court set forth the following factors that should be considered in any surname change dispute for a minor child:

(1) The length of time the child has used his or her given surname;
(2) The identification of the child with a particular family unit;
(3) Potential anxiety, embarrassment or discomfort that may result from having a different surname from that of the custodial parent;
[429]*429(4) The child’s preference if the child is mature enough to express a preference;
(5) Parental misconduct or neglect, such as failure to provide support or maintain contact with the child;
(6) Degree of community respect, or lack thereof, associated with either paternal or maternal name;
(7) Improper motivation on the part of the parent seeking the name change;
(8) Whether the mother has changed or intends to change her name upon remarriage;
(9) Whether the child has a strong relationship with any siblings with different names;
(10) Whether the surname has important ties to family heritage or ethnic identity; and
(11) The effect of a name change on the relationship between the child and each parent.
[Id. at 142, 657 A.2d 856.]

In a dispute to rename a child of unmarried parents, such as was the case in Gubernat, the party wishing to change the surname jointly given to the child at birth bears the burden of proving by a preponderance of the evidence that the change would be in the child’s best interest.

In Emma v. Evans, supra, 215 N.J. at 215, 71 A.3d 862, the Court determined the best interest of the child test should be applied in determining whether to change the jointly given name of a child, regardless of whether the child was born out of wedlock or during the marriage and without a presumption in favor of the custodial parent.

Relying on these cases, this court finds that the best interest of the child standard should apply to plaintiffs application. Although the factors set forth in Gubemat and Emma provide some guidance to this court, they do not fully address whether the proposed name change is in Trevor’s best interest.

III. Procedural History of Sacklow v. Betts

This instant application came before the court on a verified complaint filed by plaintiff on September 12, 2016. In the complaint, plaintiff requested that the court change the parties’ child’s [430]*430name from Veronica to Trevor. Plaintiff certified that the name change was in the child’s best interest because the parties’ child is transgender, identifies as male, and has been undergoing treatment for gender dysphoria.

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Cite This Page — Counsel Stack

Bluebook (online)
163 A.3d 367, 450 N.J. Super. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacklow-v-betts-njsuperctappdiv-2017.