In a Decision – In the Matter of the Application of Jacobs, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court’s grant of Father’s demand to have the child use his last name.
The Appellate Division ruled that case law supports a strong presumption in favor of the surname chosen by the custodial parent, in addition to the best interests of the child. The father's own preference was not given greater weight than this presumption. The court found the father's interest in having a connection with his child in name carried less weight than the potential difficulties for the child who was in kindergarten.