A divorced New Jersey couple finally has an answer to a lingering question two years after their divorce settlement: what the last name should their children take?

The name squabble started in late 2010, when the father went to court asking to change the schedule by which visited his children. At that time, his ex-wife asked the judge to change their last name.

The children's mother wanted to give their two children her last name, but their father wanted them to maintain his last name, as it is listed on their birth certificates. In the latest court battle over the issue, an appellate court overruled a previous decision that allowed the women to change the youngsters' last name to match hers, requiring that the children keep their father's name.

The appellate panel ruled that a judge had incorrectly applied case precedent in the original decision. That judge had followed the example set by the New Jersey Supreme Court, which previously had affirmed in two cases that children could have the mother's last name, because their mother's home was their primary residence.

However, the precedents, the panel said, were based on parents who had never married. In this case, the appellate ruling said the children were the result of a marriage, and that the parents shared in the decision to name their children. The panel ruled it was best for the children to keep the name the parents had jointly decided that their kids would take at birth.

This case represents something more than just what last name two kids will take. What begins as a minor disagreement can turn into a protracted legal battle. The goal for divorcing couples should be to end their marriage in the most amicable way possible. By considering trustworthy legal advice, many of the conflicts that arise in a divorce have the possibility of being resolved peaceably. A major point of contention in this particular couple's divorce has been put to rest by the courts. Now, they can hopefully work together to make sure their children get the love and attention they need.

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