Paul Emma v. Jessica Evans (070071)
215 N.J. 197
| N.J. | 2013Background
- Married in 1999, two children born 2006 and 2007 received paternal surname Emma.
- 2010 divorce; PSA grants Jessica joint legal custody with Jessica as primary residential custodian.
- Jessica later changed children’s surname from Emma to Evans-Emma on records; Paul sought to prevent/undo the change.
- Trial court applied Gubernat presumption; held custodial parent’s surname change presumed in child’s best interests.
- Appellate Division reversed, holding no presumption in favor of custodial parent where children born during marriage; remanded for best-interests review without presumption.
- Supreme Court granted certification to resolve whether a presumption applies in post-birth renaming disputes and reaffirmed best-interests standard with burden on proponent of change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a presumption in favor of the custodial parent applies | Emma says presumption should apply after divorce | Evans contends no presumption post-divorce; apply best interests | Presumption rejected; best-interests test governs |
| What standard governs renaming disputes where jointly named surname was set at birth | Emma argues Gubernat presumption aids predictability | Evans urges gender-neutral best-interests without presumption | Best-interests test applies without custodial-presumption tilt |
| Who bears the burden of proof in surname changes | Emma bears burden to show change is for child’s best interests | Evans contends burden on mover to prove under best interests | Mover bears preponderance burden; must show change is in child’s best interests |
Key Cases Cited
- Gubernat v. Deremer, 140 N.J. 120 (1995) (rejected paternalistic surname presumption; adopted best-interests standard with rebuttable custodial-presumption)
- Ronan v. Adely, 182 N.J. 103 (2004) (renaming disputes post-relationship; warned against rigid paternalistic preferences)
- Holst-Knudsen v. Mikisch, 424 N.J. Super. 590 (App. Div. 2012) (appellate panel held presumption extends regardless of marriage status; conflict with Emma)
- J.S. v. D.M., 285 N.J. Super. 498 (App. Div. 1995) (application of best-interests factors in surname disputes in non-marital context)
- Ronan (cite already included), 182 N.J. 103 (2004) (see above)