In a Decision – In the Matter of the Application of Jacobs, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Decision of the Trial Court and determined that the name chosen by the Mother Should Be Respected.
The Father, was not present for the child's birth and was not listed on the birth certificate. He was not involved in the child's life for the first eighteen months. Father pays court ordered child support and has parenting time every other weekend.
The Appellate Division determined that 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. a strong presumption in favor of the surname chosen by the custodial parent.