New Jersey Divorce Lawyer Blog
The court in Sacklow v Betts very recently encountered the issue of a legal name change in NJ for a transgender child. In this case, the Plaintiff (Sacklow) petitioned the court to change their only child’s name from Veronica Betts to Trevor Adam Betts. The plaintiff argued that the name change was in the child’s best interest because the child is transgender, identifies as male and was undergoing treatment for gender dysphoria. Before puberty, Trevor had been a quintessential tomboy. But during puberty, he changed – he did poorly in school, began engaging in minor criminal enterprises such as vandalizing school property, and fighting. Given the drastic change in his behavior, Trevor was referred to a psychological team, who with their help, he announced that he was transgender and identified as male. At the age of 12, he began requesting that he be referred to as Trevor, rather than Veronica, and from that day forward, his wishes were respected. In fact, the only people who continued to call him Veronica were his father, his stepmother and his step-siblings. Because Trevor felt that this name better reflected his identity, he requested a legal name change.
The court in Sacklow v Betts provides a succinct overview in the procedural aspects of acquiring a legal name change in NJ for a child. An application must be filed by first filing a verified complaint which sets out the reasons why the child is requesting a name change. It should include the child’s date of birth, and also notify the court that the application is not filed in order to defraud creditors, avoid prosecution, or for other illegitimate reasons. The complaint should also include whether or not the child has been involved in some sort of delinquency. If they have, then the complaint needs to be clear on the nature of the crime and punishment. To that end, of course the complaint should include if the child is currently facing delinquency charges. There are additional requirements if the child is part of a family law action, or had been part of one within three years before filing the complaint. In the instant case, there were no errors on the face of the complaint. Continue Reading →
