Although the following case did not take place in Ohio, it provides an interesting look at a potential family law issue that could easily affect many families here in Columbus. For more than a year, a divorced couple in New Jersey has been battling over their children's last names. Last week, an appellate court overturned an earlier court order allowing the children's mother to change their last names, ruling that the parents' agreement of joint legal custody prohibited one parent from making such a unilateral decision.

The parents were divorced in late 2010. In their divorce ruling, the court ordered joint legal custody of the children and designated the mother as the children's "parent of primary residence," although the father also had visitation rights. Following the divorce, the mother reportedly tried to alter the children's last name on school records and health insurance information.

The father then filed a court motion seeking a change in the parenting time schedule. In response, the mother asked the family court judge to approve the change in the children's last name. The court granted the mother's request because she had primary physical custody of the children.

The father appealed, and a three-judge court of appeal overturned the lower court's decision. It is legal custody, not physical, that matters in this case, the court said. Joint legal custody requires that the parents share "authority and responsibility for making major decisions regarding the welfare of the child," including whether to change their names.

Now, the case will go back to the lower court, where the judge must decide the issue based on the best interests of the children.

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