Welcome back. We are currently discussing a New Jersey family law case that was recently decided by a panel of appellate court judges. The case involves a divorced couple who are fighting over the surname of their children.

The children were given their father's last name when they were born, but after the parents split, the mother petitioned a trial court to change the children's last name to hers. The trial court sided with the mother and granted the order, but the court of appeals reversed the decision.

The appellate court said that the key fact in this case is that the parents share joint legal custody of the children, which means that both parents have "authority and responsibility for making major decisions regarding the welfare of the child," including the decision to change the children's names.

The appellate court, in an 18-page long decision, acknowledged that two standing Supreme Court decisions provide a "rejection of the traditional bias in favor of the paternal surname to a gender-neutral test."

However, the court said that it was "unlikely" that the Supreme Court "intended to replace a gender-biased standard" favoring fathers for one that favored mothers.

Now the case will be remanded back to the lower court, which has been instructed to make a decision based on a different standard -- the best interests of the child.

The important piece of information to take from this case is that joint legal custody gives each parent an equal say in important issues regarding their children. This is why it's necessary to put the right amount of thought and care into child custody matters.

Source: Courier Post Online, "Divorced duo fights over kids' last name," Jim Walsh, Jan. 20, 2012