Why Should I Ask the Court to Seal the Record for My Child’s Name Change?

As a general rule, records of a child’s name change are open to the public. New Jersey law generally requires that the proposed name changes of both adults and children be published in order to provide public notice to creditors and other interested parties. However, there are situations in which a court may seal its records of a child’s name change, as well as eliminate the publication requirement for a name change case. Normally, notice of the name change must be published twice in a newspaper of general circulation, once prior to the name change hearing and once after the name change hearing.

At least one New Jersey case, The Application of E.F.G. to Assume a New Name, 398 N.J. Super. 539 (App.  Div. 2008), provides that public notice of a name change through publication may not be a requirement in some circumstances, such as when the person seeking to change his or her name has been a victim of domestic violence. If a victim’s right to protect himself or herself and his or her identity is a sufficiently compelling interest, the court also can order that the court records relating to the name change be sealed, which means that they are not available for public viewing. New Jersey Rule of Court 1:2-1. This precaution prevents the abusive person from discovering the current address and new name of the victim. If you are seeking to seal name change records for your child, you must demonstrate a well-founded concern for your child’s safety if his or her name change records were to be made public. Therefore, if a child has suffered past abuse or violence at the hands of a parent, relative, or other adult, it may be in the child’s best interests for the court records to be sealed.

The New Jersey family law attorneys at Argentino Family Law & Child Advocacy, LLC, are eager to answer your questions and help you understand the procedures for changing your child’s name, as well as sealing the court record. As your attorneys, we will focus on how best to represent your interests and achieve your desired goals. We have handled countless name change, parentage, divorce, and other family law proceedings over the years, and we will work with you to create the best strategy possible in your case. Call our offices today at (973) 868-0958 and learn how we can help you with your New Jersey family law case.