SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-792-94T3
J.S.,
Plaintiff-Respondent,
v.
D.M.,
Defendant-Appellant.
______________________________________
Submitted: September 19, 1995 - Decided:
November 29, 1995
Before Judges Pressler, Wefing and A.A.
Rodríguez.
On appeal from the Superior Court of New
Jersey, Chancery Division, Family Part,
Monmouth County.
Himelman, Hurley & Himelman, attorneys for
appellant (William Himelman, on the brief).
Alder & Kleinman, attorneys for respondent
(Toby G. Kleinman, on the brief).
The opinion of the court was delivered by
RODRÍGUEZ, A.A., J.A.D.
We affirm the Family Part's order denying D.M.'s (father)
application to change the surname of his daughter, requiring that
mother and father confer and agree upon major decisions affecting
the daughter, and establishing a flexible visitation schedule which
requires communication and agreement between the parents.
D.M. and J.S. (mother) are the parents of a four-year old
girl. They have never been married. The child was conceived
during a short-term relationship which ended after her birth.
Since her birth, the child has lived with the mother.
A final domestic violence restraining order was issued against
the father in July 1991. In June 1992, a new restraining order was
entered based on additional complaints. In the context of this
domestic violence litigation, the father moved for custody and that
the child's surname be changed to his. After a hearing, the judge
ordered that the child's name and official birth records be changed
to make D.M.'s surname the child's middle name. The judge also
ordered a schedule of visitation and directed the parents to
cooperate and communicate with each other regarding all issues that
affect the child.
On appeal, the father contends that the judge erred in not
granting his application to change the child's surname. The mother
cross-appeals regarding the provisions of the judgment which
require the parents to confer and agree regarding a flexible
visitation schedule and major decisions concerning their daughter.
A review of this case is made unnecessarily cumbersome because
the judge disregarded R. 4:42-1(a)(4) by not including separately
numbered paragraphs for each substantive provision of the judgment.
Instead, the judge signed a judgment that simply orders "that
judgment be entered in accordance with the transcript attached
hereto and made a part hereof." Such a judgment does a disservice
to the parties, a reviewing court, and any other judge who has to
conduct subsequent proceedings. A person who reads a judgment or
order should not have to also read a transcript to glean its
substantive provisions. That causes an undue consumption of time
and creates confusion and disputes as to what was actually
adjudged. R. 4:42-1(a)(4) does not place an unreasonable
responsibility on a trial judge.
These contentions raised on appeal and cross-appeal are
clearly without merit. R. 2:11-3(e)(1)(E). We merely note that in
Gubernat v. Deremer,
140 N.J. 120 (1995), the Supreme Court held
that the strong presumption that the surname elected by a custodial
parent is in the best interest of a child must be rebutted by a
preponderance of the evidence by the non-custodial parent. We are
satisfied that the judge correctly concluded that the father has
failed to meet his burden. The judge's finding that retaining the
mother's surname is in the best interest of this child is supported
by sufficient credible evidence present in the record. Rova Farms
Resort, Inc. v. Investors Ins. Co.,
65 N.J. 474, 484 (1974).
The substance of the judgment is affirmed in all respects.
However, the matter is remanded to the Chancery Division, Family
Part for the entry of a judgment in the form mandated by R. 4:42-1(a).