American Jurisprudence, Second Edition

Page 1 of 80 DOCUMENTS American Jurisprudence, Second Edition Copyright © 2008 West Group Erie C. Surette, .D. Name $7 Am Jur 24 Name Surnmary ‘Name Summary Scope: ‘This article considers names of individuals in thei legal aspects, and includes a discussion of the use of fictitious or as~ ‘sumed names. including doing business under an assumed or fictitious nae. The article also encompasses change of ‘name and the general principles relating to the doctrine of idem sonans, which deals with names that sound alike. Treated Elsewhere: Acknowledgment of instruments: omission of name of party executing instrument from certificate of acknowledament as affecting Validity of ceitificate, see | Am. Jur. 2d, Acknowledgment f 51; effect of mistake of Variance in name of person acknowledging instrument or acknowledging person's nami. see 1 Am. Jur. 2d, Acknowledgment 8 52 Adoption, change of name as consequence of, see 2 Am. Jur. 2d, Adoption BB 149, 178 Aliens and citizens: alien's change of name in naturalization proceedings, see 3C Am. Jur. 24, Aliens and Citizens & 3018; issuance of new certificate of naturalization in new name where naturalized citizen's name is changed after naturalization, see 3C Am. Jur, 2d, Aliens and Citizens BB 3126, 3127 Bills and notes: identity of pasties to bill, note, or check, sec 11 Am. Jur. 2d, Bills aud Notes B 70 Broker's authority to contract in his or her own name, 12 Am. Jur. 24, Brokers B 92 Contracts: designation of partes to contract as affecting its validity, see 17 Am. Jur, 2d, Contracts B 422: designation of third-party beneficiary of contract, see 17A Am. Jur. 2d, Contracts B 454 Coxporation’s use of other than true name, see 18A Am. Jur. 2d, Coxporations BB 284, 285 ‘Deeds, designation of patties in, see 23 Aum, Jur. 2d, Deeds BB 33 to 41 Deposition notice. identification of person to be examined in, see 23 Am. Jur. 2d, Depositions and Discovery 8 144 Divorce and separation: restoration of wife's former or maiden name, see 24 Am, Jur. 2d, Divorce and Separation B 390: effect of incorrect name, or variant of name, appearing on return or proof of service, see 24 Am. Jur. 2d, Divoree and Separation 8 290 Election ballots, designation of candidates on, see 26 Am. Jur. 2d, Elections B8 309 to 311 Evidence: identity of names as raising presumption of identity of persons, see 29 Am, Jur. 2d, Evidence 8 285 to 287 Executions: requirement that execution recite names of partes, see 30 Am. Jur. 2d, Executions and Enforcement of Judgments 8B 91 10 93 False personation, see 32 Am. Jur. 2d, False Personation BO 1 et seq. Forgery, use of name in commission of, see 36 Ant, Jur. 2d, Forgery BS 7 et seq, Good will, name as element of, see 38 Am. Jur 2d, Good Will BB 7. 20 Indictment or information: name or description of person in charging instrument, see 41 Am, Jur. 24, Indictments and Informations B8 142 to 148: plea in abatement as means of raising objection to misnomer of accused, see 21 Am. Tur, 2d, Criminal Law B 623 Judgments: names of parties in judgment record or docket as necessary to validity of, see 46 Am, Jur. 2d, Judgments BB 151 to 158 Mortgage, designation of parties as necessary to validity of, see S4A Am. Tur. 2d, Mortgages 8 24 Parties to civil actions, designation of, see $9 Am, Tur. 2d, Parties BB 1S 10 18 Privacy, unauthorized use of person's namie or likeness as tortious invasion of, see 62A Am. Jur, 2d, Privacy BB 68 10 90Process: designation and names of parties in process, see 628 Am. Jur. 2d, Process BB 79 to 86; names in service by publication, see 62B Am, Jur. 24, Process BB 256 to 259 ‘Tradenames, see 74 Am. Jur. 2d, Trademarks and Tradenames BB 1 et seq Wills: necessity that beneficiary be clearly identified, see 79 Am. Ju. 2d, Wills 6 38: construction and interpretation of will with respect to identification or name of beueficiary. see 80 Am. Jur. 2d, Wills BB 1184 to 1191 REFERENCE: Research References ALR Digest: Name ALR lndex: Assumed or Fictitious Names ALR Index: Change of Name ALR Index: Idem Sonans ALR Index: Maiden Name ALR. Index: Middle Name or Initial ALR Index: Names Proof of Liability for Emtty’s Failure to Acquire Fictitious Name Certification, 56 Am. Jur. Proof of Facts 3d 103 Mistake in Naming or Designating Beneficiary in Will, 2 Am. Jur. Proof of Facts 2d 693 13B Am, Jur. Legal Fomns 2d, Name 18A Am. Jur. Pleading and Practice Fonms, NamePage 3 2 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basic Rules 97 Am Jur 2d Name B 1 B 1 Definition For all practical and legal purposes, a person's name is the designation by which the person is known and called in the community in which the person lives and is best known.~ It has been defined as the word or combination of words by hich a person is distinguished from other individuals,* and, also, asthe label or appellation a person bears forthe convenience of the world at large in addressing him or her. or in speaking of or dealing with said person. A person's name is the designation given to the individual by himself or herself and others and consists, in law, of a given or Christian name, and a family sumame. A numeral is not a name, because, while words may consist of letters ot letters and symbols, it is common knowledge that words do not consist solely of numbers or symbols.” Also. a description or abbreviation is not the equivalent of a Observation: The word "name," as used in statutes, should be taken in its plain, ordinary, and usual sense and not bee specifically limited to a Cluistian name or given name. * FOOTNOTE! 1 Stevenson v. Elise, 270. S60, 243 SE 24 445 (1978), 2 Petition of Des 246NW2d 756 BD. 1976). 3 Weatharev: Modern Masonry Materia, Ine, 107 Ga App 34,129 S24 65 (1982) ‘4 Hosmer. Hosmer, 611 8. 2452 040. C1 App SD. 1980) 5 Carll Johnson, 263 Ark 260, S65 SW24 101078); Ineo Brat, 32 Conn. Supp. 1, 334 A 24483 (Super Ct 1974); Reynolds © ‘Nowoty, 169.8 0-26 557 Gowa 1970), 1 Ine Ritchie, 159 Cal, App_ 341070, 206 Cal Rote 239 (st Dis 1984) (name suggested by applet,“ file to quai osname ‘thin meaning of ite the common law cr the satu, Paton of Dengler, 246 N W.26 758 (ND. 1976) (petition to change name to "1069" was denied, 7 WB. Mfg Co. Rubenstein, 236 Mass.215,128NE, 21,11 ALR. 1285 (1920. Asto abbreviations, generally, a 86 8 Stovensonv.Elisor, 270 S.C. 560, 148 SE24 445 (1978).REFERENCE: West's Key Number Digest, Names [westkey]1 10 15 ALR Digest: Name 88 1. 2 ALR. Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names ‘Mistake in Naming or Designating Beneficiary in Will, ? Am. Jur. Proof of Facts 24 693 BB 16, 18 Page 4Page S 3 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basic Rules 97 Am Jur 2d Name B2 8.2 Use and acquisition At common law, a person could adopt any name he or she wished, without resort to any court and without legal proceedings." provided it was not done for ffaudulent purposes,* and this rule is continued in some states by statute." By custom, a stimane is continued from parent fo child,” and it has been said that this custom serves four major purposes: ‘ease of inheritance: 2governmental convenience; 3geucalogical or historical convenience: and 4promotion of marriage and family life. It is also said that one fimetion of the "family" sumame is to identify those persons who live in an economic and social ‘unit. Unlike a trademark, a proper name cannot be deemed abandoned throughout its possessor’s life, despite a failure to use it, or contiatue to use it, commercially." Observation: A person has a property right in the use of his or her name which a person may assign. © FOOTNOTES: fl Ince Adoption Guardianship No. 3155 Circuit Cou for Hartord County, 103 Ma. App. 300, 63 A.24 $21 (1995): Rappye ¥ Rapel- {8 183 Mich, App. 396, 458 NW 24231 (1990) 2 Rappleyev Reppeye, 183 Mich App $96, 454 NW2d 281 (199). 13 Inve Adoption Guardianship No. 3155 Circuit Court for Harford County, 103 Ma, App. 300, 653 A2d 521 (1985); Rappeye : Rapel- (ye 183 Mich. App 396, #84 NW 34231 1990), 14 Ince Name Change of Handley, 107 Ohio Mise. 2 24, 7S6NE 24125 (Pro. C2000) 1S Buckley State, 19 Ala App 50S, 96 So. 362 (1923); Roberts v. Mosier, 1913 OK 207,35 Oka 691, 132. 678(1913) 16 Rio Ro, 132 Mise 24316, S04 N'Y'$.24 959 (Sup 1986), af Dos v: Duning, $7 Wash. 2450, 549 P24 11976).8 Abdul Jbbarv- Ganzral Motors Corp 85F34 407 (Oth Ci 1996) 8 Gracey: Madi, 769 SW.24 497 (Teun. C. App. 1969) REFERENCE: West's Key Number Digest, Names [westkey]1 10 15 ALR Digest: Name BB 1, 2 ALR. Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names ‘Mistake in Naming or Designating Beneficiary in Will, ? Am. Jur. Proof of Facts 24 693 BB 16, 18 Page 64 of 80 DOCUMENTS American Jurisprudence, Second Edition Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basie Rules 97 Am Jur 2d Name B 3 8.3 First name The Christian or first name is, in law, denominated the "proper name,"* and has been used from early times to distin guish a particular individual from that person's fellows.“ It is ordinarily selected for a child by the child's parents* and 1s usually conferred upon a person at birth ot baptism. Originally, it was the ouly name which was recognized in law; consequent. it has always been considered an essential part of a person's name. * It has been held that the law knows but one first name of a single individual." FOOTNOTES: rl Roberts. Moser, 1913 OK 207,35 Okla 691,152 P.678 (1813) 2 Sith v Une States Carulty Co, 197 NY. 420, 99 NE 847 (1910), 13 Lafin & Rand Power Co, v tele, 146 a. 434, 23.215 (2802) sat ley Litleld, 168 Towa 17,1 NW 81 0914). 1S Proctor v. Nene, 220.Mo, 104,119 §W. 409 (1908) Ex parte Woods, 367 So, 24985 (Ala. 1975) REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name BB 1, 2 ALR Index: Maiden Name ALR. Index: Middle Name or Initial ALR Index: Names Mistake in Naming or Designating Beneficiary in Will, 2 Am. Jur. Proof of Facts 2d 693 88 16, 18Page § 5 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basie Rules 97 Am Jur 2d Name B 4 8 4 Middle name or initial ‘Under the early common law, still recognized in some states, a middle name or initial was not recognized,” and is gen- rally disregarded unless only the initial ofthe frst name is given, or where a question of identity is involved, or when it appears two persons have each the samt first name and sumame anc can be distinguished only by the middle name or initial of each, ® Middle names and initials have been cousidered as not essential," or immaterial, being unknown at common law." It is immaterial whether a mistake is made in the middle name of a person, of whether such name is omitted entirely from an indictment,® from pleadings or process in a civil action, * of from a recorded instrument, such asa conveyance,” since a person's middle name has litle, if any. legal significance, * Some courts, while deeming the entize omission of a middle name or initial to be immaterial, take the position that a sistake in the middle name or initial is a variance. Other courts hold that a mistake in the middle inital is fatal where 1 person is designated only by initials. It is recognized that persons may drop their first names and use only their middle names. FOOTNOTE! sl Bond v Rily, $17 Me, 594, '§.V. 401 (1927); Norther Trust Co. Peny, 105 Ve. 524, 168 A. 710, 4 ALR. 7 (1939) BR Reynold. Nowony, 189.N.W.26397 owe 1971). 3 Inco Beast 32 Conn. Supp 1, 384 8.24488 Super Ct 1974) ‘4 Willams . State, 461 $1.24 614 (Tex Cm. App, 1970) 1541 Am. Jur 24, Indictments and Informations D 146. 16 62B Am. us, 24, roves 8 256 0258 7 23 Am Jur 24, Deods 36. 8 Stat. MeMilln, £93 §.W-2d 629 (Mo. Ct App. §D, 1980); Imperia-Yuma Production v. Hunter, 609 P.2d 1329 (Ui 198). 28 Cleveland. C..C.$©8t LR Co. v Pies. 4 I. App. 188, 72 NE. 608 (Die. 2 1908).Page 9 alo Furst Ne. Bank v. Hacode Mercantile Co, 169 Al. 476,53 So, $02(1910); Carey . Bigham, 51 Wash, 452,99 P21 (1900), all HR &C.Co.v. Smith 42 NY. 267, LLNE 448, 45 ALR $54 1920), REFERENCE: West's Key Number Digest, Names [westkey]1 10 15 ALR Digest: Name BB 1, 2 ALR. Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names ‘Mistake in Naming or Designating Beneficiary in Will, ? Am. Jur. Proof of Facts 24 693 BB 16, 18Page 10 6 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basie Rules 97 Am Jur 2d Name BS 8 5 Initials and single letters A given name may consist simply of a letter or letters, whether vowel or consonant," and where a surname is preceded by single letters, no presumption is said to exist that they are merely initials rather than the full given name of the person designated.* Generally, however, though it is not impossible that a single letter should constitute a name, such instances are rare, and ordinarily, such a letter is the frst or initial Ieter of a name which is not fully expressed. In some states, public interest concems counsel against permitting the official use of an initial as a surname, particularly where a petitioner fils to demonstrate that the desired name carries any special meaning or significance," Initials are not an essential part of name. Although some decisions sanction the use of initials followed by te sur- ‘pane in full in naming a party in legal proceedings. such a practice is usually discountenanced.” FOOTNOTES: 1 People. Rally, 257 S38, 108 NE. $4 (1913; Strata v, MeDemt 8 Neb, 622,131 NW. 449 (2891) 2 People, Rely, 257 L538, 108 NE. $4 (1913); Stratton v, MeDeraot, £9 Nob, 622, 131 NW. 949 (1910. 33 Minos Cent RCo. v. Hasenwinkle, 232 Ml 224, 8 NE. 815 (908):Loserv. Plainfield Sevings Bank 14B Iowa 672, 128NW. 1101 10), sat nse Ravitch, 2000 PA Super 179,754 A.24 1287 a. Super. C1. 2000), ‘iS Ine Brat 32 Con. Sigp 1, 334 A.24483 (Super C1 1974) 15 Calnoun v FG Elliot Hardave Co, 34 Del $82,156. 543 (Super Ct. 19%. Related Reference As to initials as signatures on deeds, see 23 Am. Jur. 2d, Deeds 8 36. As to assessment of taxes by initials instead of full names, see 72 Am. Jur 2d, State and Local Taxation ib 922, 976, 7 Watton v Manta Chase Co, 1571S. 542, 18 8 Ct 626,391. EA 725 (1895); Proctor. Nene, 220Mo. 104, 119.8 W. 409 1909) REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name BB 1, 2Page 11 ALR Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names Mistake in Naming or Designating Beneficiary in Will, 2 Am, Jut. Proof of Facts 2d 693 8 16, 18Page 12 7 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basie Rules 97 Am Jur 2d Name 8 6 8 6 Abbreviations and corruptions A commonly known diminutive or abbreviation of a name is sufficient to identify a person in the absence of evidence indicating that a different person is intended. Further, as a general ule, courts will take judicial notice of ordinary and commonly used abbreviations® or corruptions of given or first names.” However, an abbreviation will not be judicially noticed unless it is one that is universally recognized as an abbreviation of the full name contended. * In some instances, the identity between a fill name and an abbreviation not judicially known can be presumed from str- rounding circumstances. Where two names have the sane original derivation, or where one is an abbreviation or cor- ruption of the other, but both are taken to be the same according to common usage, though differing in sound, the use of ue for the other has not been regarded as a material misnomer, though this is wt always true. FOOTNOTES: fa Salazar. Tour, 683 $.W.24 797 (Tex. App. Coxpus Cis 1988), 22 Brown. Ppar 91S. SL. Ed 200 1879), 5 State x re. Scary Ayres, 217 Ind. 179, 26.24 1002 (1940), ‘hasbeen eld that cara standard abbreviations a vives ofthe move coin Sit nares ae intechngeable with fal acs, sich os "les" fr “Alexander "Win" for Wiliam” "Geo" fr "George" "Jos for “Joseph "Sam” of "San." fo "Samel* “Thos” for "Thomas" andthe le Cliton «Mile 124 Moat 463, 226P 28487 (1981) inf nse Nunes’ Estate, 123 Cal App 24 150,266 P24 574 (Ist Dist. 1953). 1S Layman v Souhneiter Bell Ta. Co, $S4 § W247 (Mo. CX App. 1977) nS HR &C.Co.v Smith, 242 NY. 267.151 NE 448,45 ALR SS4 (1926) (Bess. " “Bessie,” "Bet" and "Elizabeth Ex parte EL. Tot, 542 §.W2d 863 (Tex Crim App. 1976) ("Bob” and Raber") (Grobe v. Clements, 71 Ase 565,76 8.585 (1908) (Mine and "Waelmsea” oe "Mena") REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name 88 1.2 ALR Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: NamesPage 13 Mistake in Naming or Designating Beneficiary in Will, 2 Am, Jur. Proof of Facts 2d 693 Bf 16, 18Page 14 8 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basie Rules 97 Am Jur 2d Name 87 87 Nicknames A nickname has been defined as a short name, one nicked or ent off forthe sake of brev names for the more commen first names are interchangeable with full names. ty." Certain standard nick- Practice Guide: Ithas been held that in proceedings founded on constructive notice, the defendant should not be designated by a corrupted name or nickname, for the reason that such a designation is insufficient to give the court juris diction. ‘Nicknames may bear no relation to a person's given name, unlike a derivative of the name by which a person is usually and commonly known, and frequently purport to state some characteristic, such as "Crazy Nolan."* Practice Guide: Such nicknames are not so generally expressive of the characteristics of the persons to whom they are applied as to be competent evidence for the purpose of proving that the bearer of the name possesses the characteris- ties denoted by the name.~ FOOTNOTES: ‘1 Onlman + Clason Sail Ca. ‘Mo, 62,120 8 W. 1185 (1900) Related Reference Mistake in Naming or Designating Beneficiary in Will, 2 Am. Jur. Proof of Facts 2d 693 B 16 2 Chiatoav Miler, 124 Moot 4683, Joe for "Toseph”*Sazn” for "Save 5.24487 (1951) ("Bll for "William * Bob for "Robert" "Dan for ‘Dane Jack” for “Joh “Tox” for "Thoms" 3 Oblmana , Clason Savill Co, Mo 62,120 §.W. 1255 (2908) 1 Stevenson v Ellison, 270 $C. $60, 48 SE2d 445 (1978) (woman was pete to os the name "Nancy" rather than her given mamas ard a general lection allt where the court found that “Nancy as adnvative of the respondent gen a) 5 Marina Now York Cent. & ERR Co, 13 AD. 439,43 NYS 606 (sth Dept 1897). 6 Marina v Now York Cent. & ERR Co, 13 AD. 439,43 N.S 606 (th Dept 1897). REFERENCE: West's Key Number Digest, Names [westkey]1 10 15 ALR Digest: Name BB 1, 2Page 1S ALR Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names Mistake in Naming or Designating Beneficiary in Will, 2 Am, Jut. Proof of Facts 2d 693 8 16, 18Page 16 9 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General A. Basic Rules 97 Am Jur 2d Name 8 8 8 § Prefixes and suffixes The designation "Mi." or "Mrs." preceding the name of a person is legally regarded as a mere ttle, and no part of a person's legal name.~ The title "Mrs." may be used to indicate the legal status of a married woman as well as to distinguish ‘a woman from her hnsband.* ‘The suffix "Senior" or "Se." is no part ofa person's name.” Likewise, suffixes such as "hunior” of "J." of words of sim= ilar import are ordinarily not part of a person's name, and itis normally not necessary to add it to a name in a legal document.” It is neither a baptismal or a family name, but constitutes an addition to distinguish between two or more persons bearing the same name. Under appiopriate circumstances, however, the suflix Junior” may be regarded as a con- sfituent part of a persou's legal name. The letters "Dr." have a well-understood meaning, and, when used as pref detract from the true name ofa person." Serve as a description but do not add to or FOOTNOTES: ‘Harel Alsbama Farm Boresu Mut Cas tno, 287 Ala. 259,251 $0, 24220 (1971): Potion of Dene, 246.N.W. 1976), 738 (ND. ‘2 Huff, State Elston Bd, 1934 OK 307, 168 Okla, 277,32 P2520, 93 ALR 906 (1934) 3 Rayaola Noni, 189 NIW2a 557 (lowe 1971) nf Morton. State Officers Electoral Bd, 31 Il App. 34982, 244 Il, Des, 605,726 NE 24201 (8th Dist 2000) 5 State, Superior Court of Whatcom County, 122 Wash. 255,210 P. 380 (1922), ‘86 Dunaway v- Lindsley Feber Motor Co, 78 So. 24505 (La Ct App tst Ci 1954) 7 oars. State, 203 Ind 3, 1TENE. 583 (1931) REFERENCE: West's Key Number Digest, Names [westkey]1 to 15 ALR Digest: Name BB 1, 2 ALR Index: Maiden Name ALR Index: Middle Name or Initial ALR Index: NamesMistake in Naming or Designating Beneficiary in Will, 2 Am, Jur. Proof of Facts 2d 693 Bf 16, 18 Page 17Page 18 10 of 80 DOCUMENTS, American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General B, Maried Woman's Name 97 Am Jur 2d Name 89 89 Surname; right to retain maiden name The right of a woman to her birth-given name, notwithstanding marriage, is established in law.* Tt is now generally ree- ognized that a married woman acquires her husband's surname by repute only, as a matter of custom rather than as a matter of aw.* The common-law rule that a person may nonfraudulently adopt any name™ has been used as a basis for approving a mamtied woman's use of her maiden sumame.”* A married woman's sumame does not become that of her husband where she evinces a clear intent to consistently and nonfraudulently use her birth-given name subsequent to her marriage. A married woman may file a petition for the dissolution of marriage, resister to vote,” and ran for politi- cal office under her maiden name. This does not imply that a woman's legal sumame may not become that of her husband through her consistent use of the hnsband!’s name following marriage. Practice Guide: Some states have statutes under which each married party is allowed to declare which sumame ceach will use as a married person and it may be the person's own surname, the spouse's surname or a hyphenated combination of the two." A contrary view still exists in some states, stating that a woman, on marriage, abandons her maiden name and assumes hher husband's surname. FOOTNOTE! fa Pilch: Pils, 447 So, 24989 (Fla Dist. Ct App. 1st Dist. 1984). 2 Malone ¥ Sullivan, 124 Ariz 469, 605 P.24 447 (1980), Dass Roos 326 So. 24226 (Fa. Dist. Ct App Ist Dist. 1976. “Theres no Ohio Sw that compels a Wom, on riage, to adopt the suame of er husband and a woman may choose to may an to retin bor fama stnam. Ball. Brown, 150. Supp. 4 (CD. uo 1977). Related References: ‘Right of married woman to use maiden suname, 67 ALR. 3d 1266 8 4. Notice of use of maiden sumame, 13B Am, Jur. Legal Forms 24, Name B 182-44 Application for change of name ~ Use of maiden surname, 13B Am. Sur, Legal Fons 2d, Name 8 182:45 Petition or application ~- To change adult woman's sumame to maiden name. 18A Am. Jur. Pleading and Practice Forms, Name B 15 3382.Page 19 1 State v, Taylor 415 $0. 241083 Ala 1982); Malone v. Sullivan, 124 Ariz. 469, 605 P24 4471960) For discussion of application by mared, divorced, oc separated wom for statutory change of name, se 8 42 Related References: ‘Right of married woman to use maiden suname, 67 ALR. 3d 1266 8 5. 1S Sturt: Boor af Supe of Elections fr Howard County, 266 Md. 440,295 A.24 295 (1972. AS Malone + Sallie, 124 Ane 469, 60S P24 447 (2980): Simons OB, 1 Neb 778, 272.NW.24273 (1978, fT State v, Tayo 415 So, 281043 (Ala 1952), Related Referenc ‘Right of married woman to use maiden surname, 67 ALR. 34 1266 8 12{b], 8 Stato ex rel Krupa. Groen 114 Ohio App. 497, 19 Ohio Op. 24341, 177 NE 24616 (8th Dist Cuyahogs County 1961), 18 Custer. Bonaies, 30 Coun. Supp. 385,318 A 24639 (Super. CL 1974); Kral ¥ Podell67 Wis. 24138, 226 N'W24 458, 67 ALR34 1249 1975) ‘0 Doe. Dunning, §7 Wash, 2430, 549.241 (1976. ‘Applicaton of align, $6.8 D2 S61 NYS 24 458 (th Dept 1974; Custer: Boras, 30 Conn, Supp, 385,518 A 24639, (Guper Ct 1974) Gecomnzing rus). Related Reference Right of married woman to use maiden sumame, 67 ALR. 34 12668 3 REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name 86 1, 2 and 4 ALR Index: Maiden Name ALR. Index: Middle Name or Initial ALR Index: Names 15B Am, Jur. Legal Forms 2d, Name 88 182:44, 182:45 18A Am. Jur. Pleading and Practice Forms, Name, Form 15Page 20 11 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General B, Maried Woman's Name 97 Am Jur 2d Name B 10 B 10 Effect of particular factors ‘The fet that at some stage in the marriage a child is bom does not operate so as to deprive a wife of the use of her prenuptial name, While the existence or possible future existence of children in the marriage in question is a consideration, the retention by the wife of her maiden name, in itself has not been considered an embarrassment fo existing ehil- dren® or otherwise contrary tothe best interests of children that might thereafter be born in the marriage." A statutory requirement that a married woman register to vote under her legal name. based upon a broad general principle of the necessity of proper record-keeping, does not require a woman to register under her husband's name where she has retained her maiden name.* The increased cost and inconvenience in the keeping of public records, ar confusion and the result- ing frustration of the aims of such record-keeping have warranted denial of wife's use of her maiden name, as where allowing a married driver's license applicant and others of her class to use maiden sumames would result in administra ‘ve inconvenience and added costs to the state, ourweighing any harm to the applicant in using her husband's surname, and where allowing a married voter to retain her maiden name on the tegistry of voters could conceivably promote fraud and confusion and make superfluous statutory provisions requiring re-registration by any registered voter who had changed his or her name by marriage or other means.‘ The existence of an antenuptial agreement between spouses per- siting the wife's continued use of her maiden surname is another factor upon which such use has been sustained.” FOOTNOTE! Klein v. Klein, 36 Md, App 177, 973 4.2486 (1970, 2 Inve Mullin 152 Ga_ App. 215,262 SE2d 540 (1979; Patton of Hauply, 262 Ind 150, 312 NE.24 857 (1974) Related References: ‘Right of married woman to use maiden suname, 67 ALR. 3d 1266 B 9. 13 Krazal Pode 67 Wi 24 138, 226 W24 458, 67 ALR 34 1249 (1975). 14 Shut: Boor af Suprs of Elston fr Howard County, 266 Ma 440,295 A 24223 (1972. ‘aS Foxbush v Wallace, 341 F.Supp 217 (MD Ala. 1971), judgment afd 40S US. 970,925 Ct. 1197, 311 Ed 24 M6; 6 People x el. Rago v. Lipsy, 327 IL App. 63,63 NE2d 612 (st Diet 1945), 17 Stuart: Boord of Suprs of Elections fr Howard Counts, 266 Md 40 ‘App. 497,18 Ohio Op. 24 341, 177 NEDA 66 (th Dist Cuyahoga County 1961 Add 1972); Stale ex rel. Krupa v. Green 114 OhioRelated Reference Right of married woman to use maiden sumame, ALR. 34126688 REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name 86 1, 2 and 4 ALR Index: Maiden Name ALR. Index: Middle Name or Initial ALR Index: Names 15B Am, Jur. Legal Forms 2d, Name 88 182:44, 182:45 18A Am. Jur. Pleading and Practice Forms, Name, Form 15 Page 2112 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General B, Maried Woman's Name 97 Am Jur 2d Name B11 8 11 First name The correct first name of a married woman is her maiden first name, and not the frst name of her husband.:t However, ‘a married woman is sufficiently identified for legal purposes where she is designated as "Mas." followed by her husband’s middle name and surnaine,® or by his initials and surname.” FOOTNOTES: al, Wilyv.Sflrson Parish Democratic Fsscutive Common, 245 La 145,157 So, 24718 (1963); Brown v Reinke, 159 Minn 458, 199 Nw.235 35ALR 430994) 2 Caml: Stta, $3 Nob. 431,73 NW. 959 (1808), 5 Roberts. Grayson 283 Ale 658,173 $0.38 (1957) REFERENCE: West's Key Number Digest, Names [westkey]1 to 15 ALR Digest: Name B8 1, 2 and 4 ALR lndex: Maiden Name ALR Index: Middle Name or Initial ALR Index: Names 13B Am, Tur. Legal Forms 2d, Name 88 182:44, 182:45 18A Am. Jur. Pleading and Practice Forms, Name, Form 15Page 23 13 of 80 DOCUMENTS. American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General ©. Minor’s Name 97 Am Jur 2d Name B 12 8 12 Childs sights to name Itis generally recognized that children have a common-law right to take any name they may choose, but this right is not absolute and must not interfere withthe tights of others.** The common law permits @ minor who is of sufficient age and maturity to make an intelligent choice to assume any chosen name.” FOOTNOTES: sl Inre Mariage of Omslon, 1121. App. 34 725,68 I Dee. Ma App. 214,351 A 24917, 2 ALR I 1077 (1976) #45 NE 24951 (SthDist 1983) recognizing rule); Hall. Hall, 30 2 Rappleyev: Ropplaye, 163 Mich App. $96,454 NW.24 251 (199). REFERENCE: West's Key Number Digest, Names [westkey]1 to 15 ALR Digest: Name BB 1,2 ALR Index: Change of Name ALR Index: NamesPage 24 14 of 80 DOCUMENTS, American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General ©. Minor’s Name 97 Am Jur 2d Name B 13 8 13 Child bom out of wedlock; eustody at birth ‘Under the common law, a child bom out of wedlock has no rights as to the natural father, including no right tothe father’s name. Thus, if parents of children bom out of wedlock marry, the children's names do not automatically conform to the father’s summame when the sumame on the children's birth certificates is that of the motlier.* Insofar as sur~ ‘names give an individval a personal identity and self-awareness, a minor child bora out of wedlock has a "liberty" inter~ estat stake when the child's name is altered because the name change touches on the tight to maintain the integrity of established fimily relations. The best interests of the child is the standard applied in determining the surname to be given to. child, regardless of the childs bith status. A mother now does not have an absolute right to name a child because of custody due to bist. FOOTNOTES: 1 Applisation of Fisher, 204 NJ. Supe 75, 497 A2d 907 (Law Div. 1985) Undor the somone of hd born i ni Wado has a primary sight x ptectabe terest in ving thet hd bes is - same, hile the mother of tld tom ou of wedoek ba a primary right rproteclale erst tat child bear ber sumame. Donald. ‘vy Emma M, $1 Cal App. 34929, 147 Cal Rpt 15 (Sth Dist 1978) 2 Alin County Family Service Ages v: Gita, 590 N-W.2d 906 (Min. Ct. App. 1986) 3 Ros Coan, 417 F.Supp 769 (4D. Ala 1976) ‘nf Guherat¥ Deremer, 140 NJ. 120, 657 A 24856 (1995), aS Keegan v: Gudahl 525 N.W.24695, 40 AL R.Sth 901 (SD. 1909) REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name 88 1.2 ALR Index: Change of Name ALR Index: NamesPage 25 18 of 80 DOCUMENTS. American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General ©. Minor’s Name 97 Am Jur 2d Name B 14 8 14 Parents’ rights to name child ‘Neither parent has a superior right to determine the sumame of a child, nor a legal entitlement to have a child receive his or her surname. Accordingly. absent a statute to the contrary, the widespread custom of giving a child the sumame of the child's father is a matter of choice rather than law,” Although the traditional practice has been that a child bears the surmame of the child's father,* it is now usually recognized that naming ofa child is a tight and privilege belonging +o both of the child's parents, and it can no longer be said that one parent has a primary right or protectable interest in hhaving the child bear and maintain his or her surname merely because of that parent's sex and marital status with respect to that child's other parent atthe time the child is born. I follows that although a father has a recognized interest in hhaving his child bear his surname, a father has no legal entitlement to require a child to bear his name. ‘The common-law principle of freedom of choice in the matter of names extends to the names chosen by a married cou ple for their children. Accordingly, assuming an agreement between the parents, a child's surname can be the father's, the mother’s, both (either hyphenated or not), or any other sumame.* However, it is not clear that parents are free to se- lect as the name oftheir child a sumame borne by neither of them.=! In resolving disputes over the sumames of a child, the courts apply the best interests of child standard," free of gender based notions of parental rights,** and the rights of parents must yield to that concern. The best interests of the child approach for determining which parent's surname a child should bear is fact sensitive, In contested cases, a trong presumption exists thatthe sumame selected for a child by the custodial parent, that being the parent primarily charged ‘with making custodial decisions. is consistent with the child's best interests.** However, the sttong presumption that the summame selected for a child by the custodial parent isin the childs best interests is rebuttable by evidence that a differ- cent sumame would better serve thase interests, and the noacustodial parent bears the burden of demonstrating by a pre~ ponderance of evidence that, despite the presimption, a chosen sumame is notin the best interests of the child.» FOOTNOTES: fl Coban. Cunningham, 104 A.D 24 716,480 NY S.24 656 (4h Dept 1984); Deve v Nasts, 108 Wash, 2424, 711 P24314 (1985) Related Reference Rights and remedies of parents inter se with respect to the names of their children, 40 A.LLR. Sth 697. 2 Swank. Pathos, 216 A D24 920,620 NY.S.24 129 (4th Dap 190 3 Inre Custody of LC. 1999 MIT 525,297 Mont. 327,993 P.24 667 (1999), bt MD. ASL. 275 NJ. Super 530, 646 A.24 543 (Ch Div. 1994).Page 26 For discussion of paso rights ad interes espctng a mina change of mame, se B44 15 DAmbrosio Rizzo, 12 Mass, App Ct. 926, 425 NE.24 369 (1981). His ony reasonable to allow a moter an father equal rihts inthe naming of a cid ince, ypon a determination of paternity, both the ster ad ator potently enjoy agua lega igi ss parts Nar of NH. 689 NE 18644 ad Ct App 1995) 16 Donal v. Erna M81 Cal App. 34929, 147 Cal Rpt. 15 (Sth Dist. 15 ). {Gout should not give greater weet wo fathers eerst in having child bese pteral suman a8 apposed to mers ura. Piazioni ‘Yarbrough, 177 Ariz 422,868 P24 1005 (CL App. Div 1 1998). fa Ryan & Schmidt, 221 AD 24449, 633 NY'S.26558 @24 Dept 1995). A Sather cot autocatically ented to init hat ld be given ie surname. Duc v. McNair, 659 So. 241291 (Fla. Dist Ct. App. Sth Dist 1995) 1 Secretary of Com v City Chek of Lonel 373 Mass 178, 366NE 24 717 (1977). 9 MD. «. ASL, 275 NJ. Super 530, 646 A.24 543 (Ch Div. 1994. slo Secretary of Com. v. City lek of Lowell 375 Mass 178, 66.24 717 0977) fll Inse Mariage of Douglas, 205 Cal. App. 341046, 252 Cal Rp. 839 (Sth Dist 1988) Carina Perch, 611 A 24515 (Del Fam. Ct. Iss), ‘12 Guberat Deremer, 160'NJ. 120,657 A.24 855 1999) “The law dove not presume ten c's bostintret ocamy he fthassumame, Schubert. Tlie, 905 S.WW.24924 OMe. Ct. App. ED 1995), 3 Halloran v. Kosta, 778 §.W2d 454 sum. Ct App. 198). aM MD. x. ASE.,275 NZ Super 530, 646A 24543 (Ch Div. 199). ‘5 Guberat Deremer, 160'NJ. 120,657 A.24 855 1999), 6 Guberat Doreen, 140 NJ. 120, 657 A.24 855 (1995) REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name BB 1, 2 ALR Index: Change of Name ALR Index: Names16 of 80 DOCUMENTS, American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name Ln General ©. Minor’s Name 97 Am Jur 2d Name B 15 8 15 Constitutional issues The Fourteenth Amendment protects a parent's freedom of choice in naming one's child, and a state may not interfere ‘with that right arbitrarily. Since parents have a constitutionally protected right to choose the name of their child the state must atleast show that any intrusion on that right has a reasonable relationship to some state purpose." According Jy. a statute requiring a child conceived and bom in wedlock be given the sumname of the father is unconstitutional and the parents are entitled to aive their child a surname which isa fusion ofboth parents’ sumames,® or a hyphenated com bination ofthe two parents’ summames.* Additionally, a state requiring an unmarsied mother to register the child by the mother's surname, while allowing a married mother to designate the child's surname violates equal protection. However, it has been lield that parents do not have a constitutionally protected right to give a child a sumame at bith ‘with which that child has no legally recognized parental connection." Consequently. a statute pursuant to which the sur name given toa child at birth has to have a connection with atleast ane legally verifiable parent bases a rational relationship tothe state's legitimate interests in promoting the welfare of children, in ensuring that names of citizens are not appropriated for improper purposes, and in inexpensive and efficient record-keeping, and such a statute does not uncon- stiutionally restrict the rights of parents.» It has also been held that a statute providing that a child's sumame will be entered on the bisth certificate as tha ofthe husband ifthe mother was martied atthe tune of conception is not unconstitutional, as a state's desire to ensure the accuracy and reliability ofits vital statistics i a reasonable justification for any {ntasion on the pazents' joint rights to choose a child's name.~ Further. a statue allowing a parent with actual of legal custody at the time of the preparation ofa birth certificate to enter the name ofa child is gender-neutral, even though in many. ifnot most, instances the mother willbe the person with actual physical custody, and sucha statute does not vio- Jate equal protection. ‘The concept of a vested paternal sumame presumption has been held to deny mothers equal parental sights since, as a rater of constitutional aw, parents who have taken responsibility for the child have equal decisional rights respecting that child.®" Under this view, no preference is accorded to either the paternal or the matemal surname, and there is no legal impediment to prevent married parents fiom giving their child the mother’s surname.“ FOOTNOTE! sl Joch v Burch, 466. Supp 7M (D. Haw. 1979), Brians. Tilson, $23 F.Supp. 494 EDN. 1981), 2 syiney ¥Pingree, 964 Sup. 412(8.D. Fla. 1982) 5 syiey ¥.Pingree, 964. Supp. 412 SD. Fla. 1982); ech Burch, 466 F Supp. 714 0D. Hew. 1979). ‘84 OBrien v Tilson, 525 F.Supp. 494 EDN. 1981).Page 28 5 Billy. Hedges, 788 F.Supp. 40S. Ohio 1991), 16 Henne v. Wright 904 F 241208, 16Fod.R. Serv. 34908 (Sth Cr 1990), 7 Henne Wig, 904 F 241208, 16 Fo. Sev. $4908 (8h Cit 1990) ‘8 Robertson v. Pfister, 523 So. 24 678 (Fla Dist Ct App sth Dist 1988) 128 Steinbach» Gustafion, 177 Wis 24 178,02 NW24 156 (Ct. App. 1993) 10 OBrien v. Tilson, 523 F.Supp. 454 E DNC. 1961; Rio v- Ro, 52 Mise 24316, SO4N-Y S24 359 (Sup 1986) ‘11 Application of Saxton, 209 N.W24268 (Minn. 1981) a2 Secretary of Com, v. City Cle of Lowell, 373 Mass, 78, 366.24 717 (1977); Baya, Shallon, 231 Ve 432, 344 S28 909 (486) REFERENCE: West's Key Number Digest, Names [westkey]] 10 15 ALR Digest: Name 88 1, 2 ALR Index: Change of Name ALR Index: NamesPage 29 17 of 80 DOCUMENTS. American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 1. In General $57 Am Jur 2d Name B 16 8 16 Common-law rule A parson has a common-law right fo assume any name he or she lawfully chooses. In the absence ofa statute to the contrary, at common law any person may ordinarily change his or her name at will, without any legal proceedings, smerely by simple usage or habit. absent fiaud,* misrepresentation or an interference with the rights of others. There is nothing in the common law requiting a showing of a compelling need to justify a change of name and any such se- ‘quirement is inconsistent with the common-law principle that names may be changed in the absence of a fraudulent purpose.* It is recognized that a foolish choice of name may have undesired consequences, but freedom to choose is free~ dom to choose foolishly. Thus, if petitioner for a change of name chooses to adopt a name which subjects the person. to contempt, ridicule, and inconvenience. the person has a common-law right to do so." However, while a petitioner has ‘he sight at common law to adopt any name as long as fiand or misrepresentation is not involved, once a petitioner secks court approval, the petition becomes subject to close scrutiny and it becomes the cout’s responsibility to ensure that the grant of the name change will not mislead, confuse, or deceive others in their dealings withthe petitioner. * ‘Observation: The common-law and statutory right to change one's name belongs tothe individual whose name is being changed, with the limited exception of a petition to change the name of a minor child brought by the childs parent in a dissolution proceeding. * and consequently, no one may request a name change for another person without that person's express consent. FOOTNOTES: sl Applicaton of Ferner, 295 NJ. Supa. 409,685 A2478 Law Di 1996), Related References: Fictitious or assumed name certificate ~ By individual. 13B Am. Jur, Legal Fonms 24, Name 8 182:16. Certificate -- Amendment or change ot fictitious or assumed name By individual. 13B Am, Tur, Legal Forms 2d, ‘Name 8 182:26. 2 Ince Venil, 40 Mass, App. Ct 34, 660 NE.24697 (1996); Application of Sakari by Sakis, 160 Mise 24 6S7, 610 N.S 24 1007 (Gite Ge. 8 1595, ‘Aa Ohio resident nay shnge his ame witout following stanton prooadre so long si doesnot do 20 fora fault puree nd dose ot intinge the rights of ethers. Denis v Ford Motor Co, 121 Obie App. 34 318, 699 NE 24993 (th Dist Lorain Cou 1997) Related Reference Alidavit denying use of alias, 13B Am. Jur. Legal Forms 2d, Name B 182:55,Page 30 5 Mater of INH, 659.NE 24644 (nd. App. 1995), Sale. Hansford, 219 Wis, 24226, 380.8. W.26 171 (1958) 14 Mater of Miller 162 Mise 28 27, 617 NY S24 1024 (Cay Cw CX 1994, 15 Inre Miller, 218 Va 939, 283 SE 24468 ( 1 Seeretary of Com. + City Clerk of Lovell, 373 Mass. 178, 66 NE 24 7171977) a7 Application of Dengle, 287 NW2d 637 (Minn. 1979) nS Mater of Rivera, 165 Mise 28307, 7 NYS. 41 (City Civ. 1995) 5 Ine the Marriage of Hayes, 12 8 Wd (Mo. CL App. SD 200) Ato statutory egulition, 622817, slo Watleldv. Wareld, 661 So, 24924 Gla Dist Ct. App. Dist. 1995) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fons 2d, Name Bf 182:16, 182:26, 182:54 to 182-56 18A Am, Jur. Pleading and Practice Forms, Name 88 6 to 10, 13 t0 21, 23 to 30, 33 t0 38Page 31 18 of 80 DOCUMENTS. American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 17 8.17 Stanntary regulation In most jurisdictions, a change of one's name is regulated by statutes which prescribe the proceedings by which such change is to be accomplished.” Statutes which set forth procedures to be followed in changing one's name merely provide a codified process to aid the individual's common-law right to adopt another name at will. The statutory method of changing one's name has distinct advantages, as itis speedy and definite, provides a secord by which the change of name is definitely and specifically established,” and is easily proved, even after the death of all contemporaneous wit- Practice Guide: Starutary procedures enabling a person to petition for a coust order changing his or her name are generally an alternative procedure to the common-law procedure, and such procedures are neither a substitute nor a re- placement for the common law, and conversely, the common-law tight to change a name does not preclude the use of ‘statutory method, as neither method is generally exclusive.” A change-of-name proceeding is concemed with a petitioners legal identity, and not withthe vasiows parties’ legal rights." No person has an absolute right to a change of name by way of legal process, A name change statute has been held not to apply where the petitioner seeks to change a name to a numeral. *? FOOTNOTES: al Mater of Miller, 162 Mise. 24 527, 617 N.S 24 1024 (City Civ. Ct. 199). 2 Inve Crucheow, 926 P.24833 (Uah 1996) 15 Malte of Natale, 527 8.0.24 402 (Mo. Ct App 1975): Application of Pilamarl, 208 NJ. Super 112,504 A241 8 (Law Div. 1985), 14 Mane of Mowehead, 10 Kan. App. 24625, 706P-24 480 (1985). Applications under staat prting «pore to change bis or her name shouldbe encourage, aos sautry proces provides protection ‘or both the applicant andthe zenaral public by producing «public ecrd te document the name change, Ine Cruchslow, 926 P24 833, (Cah 1996, 5 Browav, Brown, 384.828 c.197, Related References: Cettificate -- Change of name, 18 Am. Jur. Pleading and Practice Fonns, Name 8 29.Page 32 ‘6 Mater of Morehead. 10 Kan, App. 24625, 706 P24 480 (1985) Applicaton of Sakari by Suhr, 160 Mise. 24657, 10N'Y S24 1007 (City Civ. Ct 1993) 7 Totty, stat, 102 Md. App. 530, 650 826311 (994) ‘8 Peon of Larson, 205 NW.24738 (SD. 1980. 138 Ince Vell 40 Mass, App. Ct 34, 60 NE. 24697 (1996). ‘0 Inze Ritchie, 159 Cal. App. 541070, 206 Cl. Rp. 239 (Ist Dist. 1984) (purported fsa name” within mesning of ether the common In rthe tat): Petiion of Dongle, ezested by appellant, "IL failed to qualify 46 NW 24 758 (ND. 1976), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 8 7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Nantes 13B Am, Jur. Legal Fomns 2d, Name Bi 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Forms, Name RB 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 33 19 of 80 DOCUMENTS, American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 18 8 18 Prison inmates Prison inmates generally retain their right to a change of name. In states where inmates are allowed to change names legally, prisons ate generally required to recognize only legally changed names,” States may, however, awfully prohib- ita name change for persons convicted of a felony in view of statute's purpose to protect the legitimate governmental in~ ‘terest of being able to identify persons sought on warrant and detainer and to preserve the criminal history of felons, ‘and such statutes include persons convicted of felonies occurring outside of the state.* An inmate denied a name change still retains the common-law right to use a different name." FOOTNOTE! ‘Mater of Washington, 216 A D.24 781,628 N'Y S.24 837 (34 Dept 1995) Mater of Mees, 465 NW24 172 (ND. 1990), Asto conduct ofa petitioner that nay eat bass fr objction to ame change, 5835, 2 Malt Brown, 7LF.34 724 (th Ci. 1995) 5 Inve Verill 40 Mass, App. CL 34, 660.NE 24697 (1996); Inve Dickey, 919 SW.2d790 (Tex. App Texans 1986) 1 Inve Dickey. 919 § W-24 790 (Tex. App, Tevarkana 1998) 5 Ince Voll, 40 Mass, App. Ct 34, 60 NE 24697 (1996) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR. Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fomns 2d, Name Bi 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Forms, Name RB 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 34 20 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 19 8 19 Application or petition; costs Statutes prescribing the procedure by which a person may change his or her name usually provide for the filing of a cer tificate, application, or petition to a particular coust of record.” Under some statutes, the petition must be in waiting, signed by the petitioner, and must specify the grounds of the application, the name. date and place of bitth, age, and residence of the individual whose name is proposed to be changed. and the name which the person proposes to assume, and it must be verified in like manner as a pleading in a court of record. = Where a petition for name chimge must be verified by oath or in a waitten declaration which attests that under penalty of perjury the facts stated init are true a verification ofa petition which states thatthe information contained therein is "true to the best of the affiant’s knowledge" i insufli- cient because it is a qualified, and not positive, declaration.” Practice Guide: An order in an independent civil action changing a name, including that of a child, isa "final judgment” in a "civil case.” within the meaning ofa statute providing for the appeal of such an order." An application fora judicial change of name does not entitle the petitioner to poor person's relief and, in view of the common-law right to change one's name at will absent fraud or interference with the rights of others, requiring a city to assume the costs of a statutory name change would contravene the policy underlying poor persou's relief.” FOOTNOTE! fa Inse Name Change of Handley, 107 Oko Mise. 2624, 7361NE 24125 ob, C2000) A saute equiing that weed potion wih th ame, arse, and reasons fr the name change be filed with a court, provides the sole ‘mathe by which 2 mame change fora mmnor may be acomplshed In Interest of IK, 922 8 W 24220 (Tex App. San Antonio 1956) Related References: Application for change of name, 13B Am. Jur. Legal Forms 24, Name 8 182:54. Checklist -- Matters that should be alleged in petition or application for change of name. 18A Am. Jur, Pleading and Practice Forms, Name B 6 jon or application for change of name. ISA Am. Jur. Pleading and Practice Forms, Name 8 7 t0 9, 13 ta 21, 33 to 2 Inve Butea, 69 Mise. 41, 124 NYS. 989 (Cty CL 1910),Page 35 Related Reference Petition or application - Allegation ~ Absence of criminal record. 18A Am, Tur, Pleading and Practice Forms, Name B 16 Petition or application ~ Allegation ~ No adjudication as bankrupt. 18A Am, Jur, Pleading and Practice Forms, Name 8 1 Petition or application ~ Allegatio Practice Forins, Name B 18. Absence of judgments, liens, and pending actions. 18A Am. Jur. Pleading and Petition or application ~- Allegation ~ Absence of claims, demands, liabilities, and creditors. ISA Am. Jur. Pleading and Practice Forms, Name B 19. Petition or application ~ Allegation ~ Notice of intended change of name given by publication, 18 Am. Jur. Pleading and Practice Fons, Name B 21 3 Barton ¢ Cicit Coit of Nistenth fusca Cae, 659 So. 241262 Fla Dist Ce App th Dist. 1995). ‘nf Rowland v, Shurbut, 259 Va 305,525 $24 917 (2000. a5 82. 6 Applisation of Elrby, 99 Mic, 24691, S16 NY S.24 968 (City Civ. 1.1979), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fons 2d, Name Bf 182:16, 182:26, 182:54 to 182-56 18A Am. Jur, Pleading and Practice Forms, Name 88 6 to 10, 13 to 2 0 30, 33 1038Page 36 21 of $89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B20 8 20 Notice A patition for a change of name may be denied where the petitioner fails to comply with a statutory requirement that notice of the proposed name change be given." Where a petitioner for a change of name has fully complied with the statu- tony requirements for giving uotice, a resident ofthe county wherein notice is made has coustructive notice of the change-ofsname hearing. Where a prison inmate's original application for a name change was dismissed, the inmate was not required to publish a second notice of the application in a newspaper of general circulation before a second hearing on remand. Rather, the inmate's initial publication of the application in the proceedings before the remand satisfied the statutory publication 1e- quirement. © FOOTNOTE! fl Braserv. Hoppe, 146 Ga. App, 217,246 8 E24 140 (1978) Related Reference Notice of change of name by individual, 13B Am. Jur. Legal Forms 24, Name B 182:56 ‘Notice ~ Filing of petition for change of adult's name, 18A Am. Jur, Pleading and Practice Forms, Name B 23. ‘Notice of motion -- To amend petition or application ~ Correcting proposed change of name, 18A Am, Jur, Pleading and Practice Forms, Name B 25. Order to show cause - Why petition for change of adult's name should not be granted -- Publication of statutory notice 18A Am. Jur. Pleading and Practice Forms, Name 8 26, 2 Petition of Larson, 295 NW24733 SD. 1980). Asto spec objections rated with espect to ptitions for a change of name, see 80331038 3 Ince Hall, 135 Ohio App. 3a 1, 732 NEE 24 1004 (ta Dist Ross Cut 199). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of NameALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fons 2d, Name Bf 182:16, 182:26, 182:54 to 182-56 18A Am. Jur, Pleading and Practice Forms, Name 88 6 to 10, 13 to 2 0 30, 33 1038 Page 37Page 38 22 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B21 821 Hearing Before a court denies a request for a change of name under a statute providing that the court umust approve the change if it is satisfied that the desired change would be proper and not detrimental to the interests of any otter person, it should,” or in some states must,® conduct an evidentiary hearing. A trial court has the discretion to order a heaving to determine ‘te truthfilness of allegations in a petition for a name change. The reason for requiring the payment of a filing fee and ‘hearing on an application for a change of name is to protect the public from fraudulent name changes.” Practice Guide: In the case where the opportunity for anyone to object at a hearing to a petitioner's change-of-name request stems fiom a statutory general notice provision, objections will not be heard by way of posthearing means. ~ In some states, a court cannot make an inmate's physical presence at a hearing a condition precedent to a ruling on the inmate's petition fora change of name, asthe court can conduct a hearing by telephone or obtain the inmate's testimony at the hearing via deposition," although there is authority elsewhere stating a prison inmate must appear personally." A refusal to waive the filing fee or the requitement of a hearing on an application for a change of name does not result in the denial of an applicant’ right to the free exercise of religion, where stich a statute applies with equal force to both secularly and religiously motivated name changes and is a proper exercise of the state's police power. * FOOTNOTES: al Inve Knight $6 Colo. App 187, 5379.24 1085, 79 ALR 34559 (1979) ve the Departnent of Coretions ad Law en An inmate who pttone to change his name was afte to a hearing as earng would 750.24 30(Fla forcement agentes notice and an opportunity to be heer on any problem the name change wou create. Ine Bor Dist Cr App 24Dist 1993) Related Reference ‘Notice ~ Hearing of petition for change of family’s name. 18A Am. Jur. Pleading and Practice Forms, Name B 10 ‘Notice ~ Hearing of petition for change of adult's name. 18A Am, Jur, Pleading and Practice Forms, Name B 24, 2 Inco Has, 707 A24 228 a. Super Ct 1997) 3 Ine Bosd, 627 So. 2430 (Fla. Dist Ct App. 24 Dist 1953) tf Stat ex re. Robison Cla, 91 Ohio App. 34 627, 52 NE 241393 (12th Dist Warren County 1994).Page 39 1 Petition of Larton, 295 N.W2 3 (SD. 1980). 15 Cosby Third Socal Cue, $86 So 26 1086 Fla. 1991); Ince Hall, 135 Ohio App 34 1, 732.NEE 28 1004 (4th Dt Ross County 1599) A Ine Sutspine, $99'N W 24170 (Minn. CX App 1999) 1 Stat x rel. Robison Cla, 91 Ohio App. 34 627, 382'NE 241593 (12th Dist Warren County 194). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 8 7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Nantes 13B Am, Jur. Legal Fomns 2d, Name Bi 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Forms, Name RB 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 40 23 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 22 8 22 Iudicial discretion ‘The granting of a change of name under a statue is not automatic and name change statutes have ordinarily been held to vest discretion in the tial court." The statutory procedures enabling a person to petition for a court order changing his or her name does not require a ministerial act: rather, such statutes require the performance of a judicial function in that ‘ court amt screen each petition and the supporting proof and exercise its discretion responsibly. Consequent. simply because a name change statute presupposes an ex parte application does not mean that an applicant is automatically entitled to the relief sought upon demand.* However. even wider statutes authorizing a change of name by a judicial proceeding, a cour, in exercising its discretion, usually follows the common law, which allows great freedom of change. ‘The general rule is that some substantial reason must exist before a courts justified in denying a petition for a change of name.” and unsupported generalizations and speculation do not constitute a cause shown to deny a change of name." Thus, to the extent that judicial diseretion is properly used to deny a name change, it must be based upon the underpin- nintgs ofthe facts of the case and upou reasonable proof, and when granting or denying a petition for a namie change, @ court must set forth clear and compelling reasons for its decision." Consequently. a trial cour's failure to pravide findings in authorizing the change of a child's sumame has been held to be an abuse af discretion. * Observation: Generally speaking, itis reasonable and proper for an individual to change his or her name if the 1e- quest is not intended to interfere withthe tights of others, nor to confuse or mislead the public." FOOTNOTE! nl Inze Ravitch 2000 PA Soper 178,754 8.241287 (Pa. Super. Ct 2000), Ope. Circuit Cou, Tenth (Now Sist) Fadia Circuit, 89 Sb. 18,227 NW.24621 0975). 12 Mater Miller, 162 Mine 24527, 617 NY S24 1024 (Cty Civ. Ct. 1994). 3 Mater of Miller, 162 Mise. 24 507, 617 NY S24 1024 (Cty Cw. CX. 1984, ‘nt Hall Hall 30 Md. App, 224,351 A2d917,92 ALR34 10771976). 15 Ine Cruchelow, 926.24 833 (Ciah 1996) 16 Willams v. Ravine County Citeit Cut, 197 Wis 24 81, 541 N-W.24514 Ct App. 1995)Page 41 ‘A properly presented segue! fora name change could not be denied boca of an individ preferences or peculation about ‘shots the apples har nade wave decison, Apliation of Ferner, 295 NT. Super. 409, 685 42478 (Law Di 1986), 7 Williams v, Ravine County Cicit Court, 197 Wis. 24 41, $41 N.W/24 514 (CL App 19). ‘When tial cout denis a facially sufcien petition fora change of name after a elephonic hearing which was not ranseribed the factual ‘se Zr the denial shold bese oth athe courts der ands denis! based on ah unreported evident heorng nth ssonce of fetal findings is improper. Barton v- Circuit Court of Nineteenth Tusicial Circuit, €39 S024 1262 Fin Dist. CL App. 4th Dis. 1995) 8 Maner of Wolfe of CMG. S16 NW2% (Mian Ct App. 1998) 18 Mater of Welfre of CMG, S16 N'W24 555 (Minn Ct. App. 1994). 10 Inse Name Change of Hanley, 107 Ohio Mis. 2424, 736 NE 2 125 ob. Ct 2000), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 42 24 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 23, 8 23 Scope of discretion ‘The scope of atrial cour’s discretion in name change proceedings has been held to be broad, and a court is duty bound to examine all the facts, including the reasons expressed for the change and the name sought to be approved.” Under this approach, the court's discretion is to be exercised in such a way as to comport with good sense, common decency and faimess to all concerned and to the public.® Other cousts view the scope of tis discretion as narrow,® and state that upon a petition for a name change, the tial cour’s only duty is to detennine that no fraudulent intent is involved, although this rule is modified to some extent where an individual seeking a name change is a minor." Under the com- ‘mon-law standard, a showing of fraud or misrepresentation akin to fraud is necessary in order for the court to deny a change of name," and ifthe coutt determines that the change of name will foster fraud or other illegality it is not only free to withhold its imprimatur and deny the petition for the change of name. it is bound ta do so.»* Observation: A primary reason for denying a requested name change application is the potential for fraud, particularly where it could lead to financial abuse or mistepresentations in society.” One type of stanute governing an adult's petition for a name change requires a petition to be based on reasonable and proper cause for the name change, and allows the court to determine in its discretion the sufficiency of the reasons set forth to support the application. Another type of statute governing an adult’ petition for a change of name authorizes the court to grant the petition unless te court determines tat there is a good and sufficient reason to deny the change of name and itis within the court's discretion to determine what constitutes good and sufficient reason to deny a petition. FOOTNOTE! ‘Application of Sakari by Sakai, 160 Mise. 24657, 610 N'¥.S.24 1007 (City Gi Ct. 1993) 2 Inez Rasteh 2000 PA Super 178,754.24 1287 (Pa. Super. C1. 2000) 3 Ine the Marriage of Hayes, 12 S.W.34 767 (Mo. CL App. S.D. 2000), st Mater of NH, 659NE.24644 (id. Ct App 1995) In most circurstance, Crchelow, 926 P24 pation to change ones (ie 1556), cane should generally be granted unless sought fora wrong or Sraulet pups. 8 1S Kruz Pode 67 Wik 2d 138,226 W24 458, 67 AL R34 12491975 6 Mater of Linda Aan A, 126 Mise 2443, 480 N'Y.$.24 996 (up 1984)Page 43 ‘7 Appliuton of Sakari y Sakari, 160 Mb 24657, 610 N'Y'S 24 1007 (City Civ Ct. 1985): Ine Name Change of Hane. 107 Ohio Mise 24 24, 736NE24 125 Prob. CL 2060). 8 Moskowitz v Moskowitz, 118 NH. 199,385 A 24 120 (1978) Peston of Dengle, 246 NW.24 758 (ND. 1976) Inte Nome Change of Handley, 107 Ohio Mise 2424, 736 NE.2d 125 Prob. Ct. 2000. Related Referenc Order ~ Changing adult's name -- After uncontested hearing. 184 Am. Jur. Pleading and Practice Forms, Name B 27. 9 Ince Koight 36 Colo App 187, S37 P24 1085, MAL RAS (1975); Ineo Read, $84 SW 24 103 (Mo. Ct Ape. ED. 1979) ‘Wiliams ¥ Ravine Couns Crus Cou, 197 Wis. 2484, SL NW24514 (CL App. 1995) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR. Index: Maiden Name ALR Index: Names 15B Am, Jur. Legal Forms 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am, Jur. Pleading and Practice Forms, Name 8 6 fo 10, 13 t0 21, 23 t0 30, 33 10 38Page 44 25 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules In General $7 Am Jur 2d Name B24 8 24 Busden of proof ‘The general rule is that the party seeking a name change bears the burden of proof.~ Under a change-of:name statute re- ‘quiring a petition to be based on good and sufficient reason for the proposed change, the burden of proof rests with the petitioner to prove that there is more than just a whim or personal desire to assume another name." Where a statute a> ‘horizes the cout to grant the petition unless the court determines that there is a good and sufficient reason to deny the change of name, the burden of proof rests with either the court or interested third parties to prove that there exists a law- fil objection which overrides the petitioner's right to a name change. FOOTNOTE! ‘nce Brast 32 Conn. Supp 1,334 8.24485 Super Ct 1974, Gite v Andreu, 698 $0.24 886 (Fla. Dist Ct. App. 54 Dist. 1997 2 Moskomtz Moskowita, 118 NH. 199, 385 424 120 (1978) 3 Moskomtz y Moskowitz, 118 NH. 199, 385 4.24 1201978) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Nantes 13B Am, Jur. Legal Fomns 2d, Name i 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Forms, Name 8 6 to 10, 13 to 21 10 30, 33 19.38Page 45 26 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name ML Change of Name A. Basie Rules In General $7 Am Jur 2d Name B 25 8 25 Effect of change or denial Statutes relating to changing one's name sometimes provide that on and after the day specified in the order ofthe court for the change to take effect. the applicant must be Known by the new niame and no other." It has been said that such a statutory provision may well have the effect of barring a person who has acquired a name by judicial decree fom ac- quiring another name without resorting to the cours. Although a petitioner is denied a court order changing his or her name, such a petitioner continues to have the common- Jaw right to use whatever moniker he or she chooses for persoual or professional purposes.* An individual's decision to use a name other than the person's bisth name, whether the decision rests ou religious. marital, or other personal consid~ erations, does not imply an intent ta set aside the birth name, or the identity associated with that name. FOOTNOTE! nl Smithy. Unted states Casualty Co, 197 N'Y. 420, 80 NE. 847 (1910) 2 Sith v Une States Carulty Co, 197 NY. 420, 99 NE 847 (1910), [Notice to publi OF chang® of ats ate By individual. 184. Am Jor leeding and Practice Forms, Name 8 30 15 Mater of Miller, 162 Mine 24527, 617 NY S24 1024 (Cty Civ. Ct. 1994). ‘at Abdul Jabbar v. Ganeral Motors Corp, 85 Fd 407 (th Cir. 1996). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 46 27 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B26 8 26 Religion Reasons sufficient to support a petition for an adult's name change include the wish to assume a name which reflects a ‘new religious affiliation." religion-inspired desire to change one's name is not an unworthy motive or trivial. capri~ cious or vainglorious.* Courts have rejected religious reasons in support af a proposed change of name. For example. ‘with respect fo names sought to be adopted to reflect a religious affiliation, the use of a single Sanskrit name requested. by one petitioner would be a retrogression fo antiquity, one court stated. ° FOOTNOTE! 1 Kom ¥. Circuit Cour of Teh JuicilCircuit, 437 So, 24732 Fla Dis. CL. App. 24 Dist. 1983); Applicaton of ackson, 177 NJ. Su par $91, $27 A2d 159 Law, 1983). 2 Petition of Alexander, 260 Pa, Super. 371,384 A 24 597 (1978) Related Reference Circumstances justifying grant or denial of petition to change adults name, 79 ALR. 34 562 6 4[b]. 15 Appliation of Doulas, 60 Mise 24 1057, 3 N¥.824 558 (Sup 1968) Related References: Cireumstances justifying grant or denial of petition to change adul’s name, 79 ALR. 34 $62 6 4a) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 47 28 of §0 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B27 8 27 Prison inmates A religious motivation on the part ofa prisoner seeking a name change does not create an affirmative right to the name change on the theoties of equal protection or the right to religious freedom." Accordingly. a statute prohibiting an in- his or her name has a logical connection to a legitimate governmental interest, and thus does not violate the inmate's free exercise of religion, when such a statue is enacted for security reasons andl is intended to maintain adequate identification records and to preserve the criminal history of convicted felons.* Howev- ef, an inmate's application for a name change for the purpose of conforming to the practice of the Islamic faith should hhave been granted, despite the trial court's concern that the name change would result in record-keeping problems for various governmental agencies, when the state's Attorney-General had submitted a leter indicating thst the Department of Correctional Services did not oppose the application, and there was no demonstrable reason not 10 do $0. Once an inmate has legally changed the inmate's name to a Mustim name for religious purposes, a state corrections de- partments refusal to follow a dual-name policy for an inmate's identification card and related services violates the in+ ‘mate's constitutional right tothe free exercise of religion." FOOTNOTES: fl Willams v Racine County Cicut Court, 197 Wis 24 64, 541 N.W24514 (Ct App. 198 2 Ince Redding 2000) 18 Ga. App. 376, 461 S24 558 (1995) (denial ound proper: Whitmore Stat, So,24365 (La. Ct App. 1stCir 3 Ince Waters, 264 AD 24910, 68 N'Y'S24 426 (34 Dept 1999), sb Hakim v. Hicks 223 F.3d 1244 (11th Ci. 2000. REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fons 2d, Name Bf 182:16, 182:26, 182:54 to 182-56 18A Am, Jur. Pleading and Practice Forms, Name 88 6 to 10, 13 t0 21, 23 to 30, 33 t0 38Page 48 29 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B28 8 28 National origin or ethnic background ‘The apparent desire to disguise the national origin or ethnic background of the petitioner is sometimes a sufficient rea- sou to support a proposed change of ame." although such a motive las raised the question of the accuracy of the peti- ‘ioner's statement that the change was not intended to deceive. Petitions for a change of name have been denied where the desire was to abandon one ethnic name for another, as where a Jewish name was sought to be changed to a Protes- tant-sounding name,* or to an historically distinguished Irish sumame," or where an American professor of black stud- ies sought to change his name to a traditional Affican name. Similarly, where it appeared that a petitioner wished to cuhauce the summame reflecting the petitioner's Slavic national origin by adding to ita prefix indicative of Germanic nobility, the petition was refused.’ To permit such a change, one court held, would allow the applicant to travel under false color, a disadvantage to the applicant and to those with whom the applicant dealt, © FOOTNOTE! fl Mane of Novogoeosays, 104 Mise. 21006, 429 N'Y'S.24 387 (Cay Ca Ct 1980), ‘Conceutnent of ational orsin has bean ejected as an cbection toa pstitin for a change of name, se B 39. Related References: Circumstances justifying grant or denial of petition to change adults name, 79 ALR. 34 562 6 S[b]. 2 Inre Kate, 44 NV.S.242 (Sup 1943) 135 Applications of Greefil, 66 Mis. 24 N'¥S.24276 (ity Cv. C1970), sf Petition of Cohen, 163 Mie 795, 287 N'Y'S. 905 (City Ct 1936), 15 Applicaton of Millet, 60 Mis. 2d 1056, 304 NY'S.24 145 (City Ci CL. 1969). ‘6 Application of fama, $1 Mise 249,272 NY.S.24677 (City Cis. CL 1966), 7 Coben's Pesto for Change of Name, 4 Conn. Susp. 2, 1936 WL 1559 (Supe. Ct 1936)Page 49 Related Reference Cireumstances justifying grant or denial of petition to change adult's name, 79 ALR. 34 $62 6 Sfa) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 0 30 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B29 8 29 Sanetion of previously adopted name ‘The desire of a petitioner to change his or her legal name to a namte which has already been effectively adopted through Joug and conspicuous use has been viewed as a sufficient reason to warrant a judicial change of name." Notwithstand- ing that a petitioner has effectively changed his or her name under the common law. a court may deny a petition to legally effect the change, reasoning that, in view of the petitioner's right to continue to use the name already adapted, the wish to legally adopt the name is an insufficient reason for the court to grant such a petition. © FOOTNOTE! sl Petition of Buyarsky, 322 Mass. 335, NE24216 0948) Related Reference Circumstances justifying grant or denial of petition to change adulf’s name, 79 ALR. 34 562 B S[b]. m2 62, 3 Ince Bras 32 Conn. Supp. 1,384 A 24488 Super Ct. 1974; Application of Douglas, 60 Misc 24 1057, 301N.Y'S 2d 558 (Sup 1968). Related References: Circumstances justifying grant or denial of petition to change adult's name, 79 ALR. 3d $62 B 7[a) SUPPLEMENT: Cases Petitioner had the right to change his name to "Santa Claus," as there was no sufficient likeliood of confusion, misun- derstanding, substantial mischief, or concem that some would be unwilling to sue a person with such a name; petitioner conducted charitable and business activities in the Santa Claus persona, and the name clange Would allow him to better conduct these activities, and he alzeady told others he was Santa Claus. U.C.A.1953, 42-I-1, 42-1-2, ln ze Porter, 2001 UT 70, 31 P.3d 519 (Utah 2001). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87Page SI ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Fons, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 32 31 of $89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B 30 8 30 Ease of spelling and pronunciation The wish to assume a name easier to spell and pronounce has been rejected as silly and capricious. However, it has bbcen held lawful for an alien to change his or her name to one easier for native-bom Americans to pronounce atte time ‘the alien files a petition for naturalization. © FOOTNOTES: 1 Application of Flam, 40 Mis. 24598, 243 N'¥'S.24 339 (City Ci. Ct 1963), Related References: Cireumstances justifying grant or denial of petition to change adult's name, 79 ALR. 34 $62 6 Sfa) 2 Application of Chan, 426F. Supp. 680 (SDNY. 1976) For iscusson ofan satis of petitioner ax an objection to change of mame, eB 37. Related Reference Petition or application — For change of adult's names -- After naturalization, 18 Am. Jur. Pleading and Practice Forms, ‘Name B 14, REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 53 32 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons 57 Am Jur 2d Name B 31 8 31 Change of name to conform to a change of gender ‘The desire of a petitioner for a change of namie to conform to a change of gender has been sufficient to support a name change." A person has been entitled to change his name from a traditional "male" into a "female" name with the caveat ‘thatthe person could not use the grant of the name change as evidence that the sex of that individual had in fact been changed. Absent fraud or other improper purpose, the fact that a name change applicant has chosen a "female" name does not warrant a denial of an application, whether a transsexual applicant has undergone or intends to undergo 2 sex change through surgery, whether he lias received hormonal injections to induce physical change, whether he isa trans~ vestite, or whether he simply wants to change from a traditional "male" fist name to a traditionally "female" name. However, some cousts have required that a transsexual petitioning for a name change demonstrate that he or she is per ‘manently committed to living as a member of the opposite sex.* The totality of each case's attendant circumstances rust be evaluated in order to discern whether a transsexual petitioning for a name change is irretrievably commited to living as a person of opposite gender. Accordingly, a petitioner failed to set forth sufficient facts to warrant the grant of an application to change the petitioner's first name from an obviously male name to an obviously female name, where he failed to submit medical and psychiatric evidence as to whether he was a transvestite or transsexual and. if a transsexual, whether he had undergone a sex change operation.“ FOOTNOTE! fl Inse Haris, 707 A 24 225 (Pa. Super Ct 1987) Related Reference Cireumstances justifying grant or denial of petition to change adul’s name, 79 ALR. 34 $6286, a Mater of Rivera, 165 Mise, 24307, 627 NY-$24 241 (Cy Cw. CL. 1995) 3 Mater oP Eek, 45 Supr 220, 584 A.24 859 (App Div. 1901). nf Mate of Anonymous, 153 Mise. 24893, 882 NYS 26941 (Cty Gv. Ck. 1992) Ine Bais, 707 A 24225 (Pa. Super. Ct. 1997. 5 Inca Haris, 707 A24 225 a, Super Ct 1997) Application of Anouymons, 155 Mise. 2d 24, 87 NY S24 548 (Cty Cie Ct. 1992)Page S4 REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR. Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Forms 2d, Name 8 182:16, 182:26, 182:54 to 182-56 18A Am, Jur. Pleading and Practice Forms, Name 88 6 fo 10, 13 t0 21, 23 t0 30, 33 10 38Page S$ 33 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Cour's Decision a, Preferred or Implied Reasons ‘57 Am Jur 2d Name B 32 8 32 Maintenance of legal action The desire to effect a change of name so as to maintain a legal action in that name is nota sufficient reason to warrant a change of name under a stafute requiring thatthe change be inthe interest or to the benefit of the petitioner. * FOOTNOTE! Appl of vats, 392 §W 24781 (Tax Civ. App. San Antnio 1965), writ efi, (Oct. 6, 1965), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 56 34 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 33, 8 33 Prejudice to third parties Prejudice to the interests of third parties has been raised as an objection to a petition for a change of name and consi cred by the courts in determining whether to grant a petition for a change of name." Thus, prejudice to third patties has been found in an entertainers wish to assume the name, as closely as legally possible, ofa prominent celebrity and thereby "cash in" on a third party's reputation. = In another case, an individual who wore a full white beard and wire glasses, and who portrayed Santa Claus at various events, failed to establish reasonable and proper cause sufficient to allow the grant of his application to legally change his name to "Santa Robert Claus," as while no fraudulent intent ex- isted, allowing the name change would violate public policy. as te individual sought to assume the identity of an icon of culture, in which the public had a proprietary right and interest, and approving the change would be very misleading to children in the community. However, a general concer for possible detriment to society occasioned by persons who seek to use the law to add recognition to their legal name is not a valid objection to a change of name where no pr ra facie evidence of harm to a third party is presented.» Finally, in some eases, itis recognized that while a court may inquire into the potential detriment to third pasties in change-of-name proceedings. doing so is not exclusively within its province." FOOTNOTES: ‘Application of Haligan, 46 A D24 170,361 NY.S.24458 (th Dept 1974; Inte Knight, 36 Colo. App 187, ALR34 5591575). 37 P24 1085,79 Related Reference Cireumstances justifying grant or denial of petition to change adul’s name, 79 ALR. 34 $62 6 10fa, b] ‘Notice ~ Hearing of petition for change of adult's name. 18A Am. Jur. Pleading and Practice Forms, Name B 24. 12 Weingandv. Lome, 251 Cal, App. 24269, 41 Cal Rpt 778 (2 Dist 1964) 15 Inre Name Change of Handley, 107 Ohio Mise. 2424, 7361NE24 125 (Prob. C2000) st Ince Read St. 24 108 Qo, CL App ED. 1979) 5 Brow v. Wyrisk, 626 .W.2d 674 (Mo. Ck App. WD. 1981), REFERENCE: West's Key Number Digest, Names [westkey]20ALR Digest: Name 8 7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Nantes 13B Am, Jur. Legal Fomns 2d, Name Bi 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Forms, Name RB 6 to 10, 13 to 21. 23 to 30, 33 10 38 Page 7Page SS 35 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 34 8 34 Family members ‘The unfaimess to a wife and her children that would result upon the granting of a petition by her husband to change the ‘name under which they had acquited standing in the family. the ocal schools, and the community is an example of pre} ‘dice to third parties raised in objection to a change of name.» On the other hand, inconvenience to third parties,® hurt feelings of the family, or pride in a distinguished family name do not constitute lawful objections. * FOOTNOTES: fa Ince Taminsian, 97 Neb. SL4, ISON W #244915), Related Reference Petition or application ~ By head of family Forms, Name 8 7. For change of family’s sumame. 184 Am. Jur, Pleading and Practice 2 Inre Brat 32 Conn. Sopp 1, 334 A 24483 (Super Ct 1974) 3 Petition of Rusoni 241 Mis. 167,167 NE 24847 (1860), 1 Petion of Fake, 355 Pa S88, 50 A.24 200 (1947), Related References: Cireumstances justifying arant or denial of petition to change adult's name, 79 ALR. 3d $62 B 1ofb). Order ~ Changing adult's name -- Affer hearing objections, 18A Am. Jur, Pleading and Practice Forms, Name 8 28, REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 59Page 60 36 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 35 8 35 Conduct of petitioner Such mratters as illegal conduct on the part of the petitioner have been raised in objection to petitions for change of name. Thus, a coutt will not approve a change of name where such could be construed to approve or facilitate an adul- ‘erous relationship.® or where the petitioner seeks to adopt a new name for nefarious reasons and to conceal a tainted reputation of unconscientious, bad faith conduct. Applications for a change of name have been denied to persons with extensive criminal records based upon the potential for confusion in the criminal justice system and the potential for the ‘person to disassociate him or herself fiom his or her prior criminal record. FOOTNOTE! sl Applicaton of B. $1 Mise 24 284, 366 N-¥'S.24 98 (Cou Ct. 1975) Related References: Cireumstances justifying arant or denial of petition to change adult's name, 79 ALR. 3d $62 6 11fa. b] 2 Mater of Linda Aen A, 126 Mise 2443, 480 N'Y $.24996 (sup 1984) 15 Wilkon¥. Thomason, 406 So, 24871 (Ale. 181). 14 Application of Mendelson, 151 Mine, 24 367, 572 NYS 24 1014 (Cty CC. 1991. REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 61 37 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 36 8 36 Policy of court A policy established by a court, unauthorized by the statutes pertaining to change-of-name petitions, does not constitute a lawful objection to a petition filed in accordance with statute, as where a local court imposes a requirement of one ‘yen’s residence in the state as a prerequisite to consideration of a petition for a change of name. * FOOTNOTES: 1 Application of Smulevitz, 101 Cal. App. 2 70,224P 24 911 (24 Dist 1950) Related References: Cireumstances justifying grant or denial of petition to change adult's name, 79 ALR. 34 $62 B 13. REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am. Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Founs, Name fi 6 to 10, 13 to 21. 23 to 30, 33 10 38Page 62 38 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections ‘57 Am Jur 2d Name B37 8 37 Alien status ‘The alien status ofa petitioner has been raised in objection to petitions for cliange of name,* notwithstanding the gener ally recognized view that any person, including an alien," may ordinarily change his name at will, without any legal proceedings, merely by adopting another name. A statute which provides in pertinent part that any person may insti= tute an action for authority to assume another name is facially broad enough to confer upon a noneitizen a statutory an thorization to seek a name change, since if the legislature had intended to limit the class of persons permitted to invoke the statue, it could and would have employed language which clearly expressed that intent. ‘The fact that a petitioner is a resident of another country in whose courts the party has applied for a name change," or is an alien who seeks to be rid of a stigmatizing sumame,~ does not constitute a lawful objection to the change of name. FOOTNOTE! fl Maner of Novogoeoskays, 104 Mis. 2 1006, 429 N'Y'S.24 387 (Cay Ca Ct 1980), Related References: Circumstances justifying grant or denial of petition to change adult's name, 79 ALR. 34 $62 B 14. 2 Applistion of Ptanarla, 208 NJ. Super. 12, S04 A.2d 1238 (Law Di 1985); Malter of Novogoradsaya, 104 Mise. 2d 1006, 428 N'Y 824 387 (City Civ Ct. 1980). 9382. ‘nt Application of Piramarla 208 NJ. Super. 12, $04 A.2d 1238 (Law Div. 1985), 5 Mater of Lipechut, 178 Mise 113, N¥.5.24 264 (Sup 1940), 1S Mater of Novogoroskay, 104 Mie. 241006, 429 N.S 24387 (City Gi. Ct 1980) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR. Index: Change of Name ALR Index: Maiden NamePage 63 ALR Index: Names 13B Am, Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Fors, Name 8 6 to 10, 13 to 21, 23 to 30, 33 10 38Page 64 39 of §0 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 38 8 38 Record-keeping concerns Objections based upon confusion and record-keeping problems attendant upon a change of name have warranted denial ofa change of name." For example, a petitioner was uot entitled to change her given name and surname to a sole name ‘where the use of the single name was nat reasonable when it would create confusion in identifying different people. cause disruption of official and business records and wreak havoc in an economy largely dependent on the credit of easily identifiable persons.* However, another applicant was entitled to legally change her full name to a single name, where the applicant did not harbor any fraudulent or other unlawful purposes, and the state's computer programmers and secord-keepers were capable of adjusting their systems to accommodate unusual names. FOOTNOTES: fl Malone Sullivan, 14 Asx 469, 605 P24 447 (1980; Inte Richie, 158 Cal. App. 341070, 206 Cal. Rpt 239 (1st Dist 1984). 2 Mater of Miller, 162 Mise 24 527, 617 N.S 24 1024 (City Civ. Ct. 1994). 33 Applicaton of Ferner, 295 NJ. Supa. 409,685 A2478 Law Di 1996), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR. Index: Change of Name ALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Fors, Name 8 6 to 10, 13 to 21, 23 to 30, 33 10 38Page 65 40 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name HL Change of Name A. Basie Rules 2. Factors Affecting Court's Decision ». Objections 57 Am Jur 2d Name B 39 8 39 Other objections A court has the inherent authority to withhold judicial approval of a change of name, even under a statute which provides thatthe coust shall grant such an application unless it finds an intent to defraud or mislead, where the name the petitioner chooses is racist, obscene. or otherwise likely to provoke violence, arouse passions, or inflame hatred." Like- ‘wise, a court may properly exercise its wide discretion to refuse a requested name if the name is bizarre or unduly lengthy or difficult to pronounce or possessive of a ridiculous or offensive connotation. However, the fact that a name change results in some confusion alone is not a sufficient reason to deny an application. ‘The fact that an applicant for a change of name has been discharged in bankruptcy and subsequently has nat paid the debts discharged in the bankmuptey proceeding is not a sufficient reason to deny the application. = The possibility that a judicial change of name would imply a conferring of a ttle of nobility, royalty, or superior rank, ™ has been successfully raised in objection to petitions for change of name. FOOTNOTE! fa Application of Dealer, 287 NW2d 637 (Minn 1879) ‘An African-American applicant’ commorclaw right to we whatever name chose didnot nchide the statutory right orogie the ate fo partcpute othe social expermont of changia hs name fo cide racial eptet ich was unveraly recognized as offensive. Les Soperio Court, 9 Cal. App. th 510, 11 Cal Rpt 24763 24 Dis. 1992) 2 Application of Ferner, 2951 J. Super. 409,685 A 2478 (Law Div 1996); In re Rave, 2000 PA Super 179, 754 A 241287 Pa Soper ct 2000) 13 Application of Sakis by Sakari, 160 Mise 24657, 610 N'¥S.24 1007 (City Cie: Ct 1983) 14 Applistion of Stomp, 110 Mise. 2 174,442 N'YS.24 $00 (Sup 1981), Related Reference tition or application - Allegation ~ No adjudication as bankrupt. 18A Am, Tur. Pleading and Practice Forms, t Name B Petition or application ~ Allegation ~ Absence of claims, demands, liabilities. and creditors, 18 Am. Jur, Pleading and Practice Forms, Name B 19.Page 66 1S Appliton ofa, 51 Mive 249, 272 N'¥.S.24677 Related Reference Circumstances justifying grant or denial of petition to change adul’s name, 79 ALR. 3d $62 B12 16 Application of Thompson, 82 Miss. 24 460, 3621 ¥.S.28 278 (City CW. CL 1975). SUPPLEMENT: Cases A substantial reason to deny a petition to change a name may exist when there is factual proof of an unworthy motive, the possiblity of fraud on the publi, or the choice of a name that is bizarre, unduly lengthy. ridiculous, or offensive to common decency and good taste. U.C.A.1953, 42-1-2, In re Porter, 2001 UT 70, 31 P.34 $19 (Utah 2001), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Names 13B Am, Jur. Legal Fomns 2d, Name 88 182:16, 182:26, 182:54 to 182:56 18A Am. Jur. Pleading and Practice Fors, Name 8 6 to 10, 13 to 21, 23 to 30, 33 10 38Page 67 41 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name B, Martied Woman's Name 97 Am Jur 2d Name B 40 8 40 In general A woman, like aman, may change her name at will, without resorting to legal proceedings, provided that this is done for an honest purpose." Under statutes recognizing the common-law right, married women are fiee to adopt another name by the common-law method, if this right has not been invalidated by constitutional or statutory mandate and if the common-law right was not limited to males." Thus, where the common law permits an adult to change his or her name ‘without leave of cout simply by adopting a new name and wilizing it in the ordinary course of daily living, and where a name-change statue, under which the petitioner seeks change, is remedial in nature and supplements the common law, a married woman may institute an action to assume the surname of her husband under such a safute.® A court may not deny a married woman a change of name on grounds other than those specified in statute, or at common law, in lieu of statute, on grounds which lack evidentiary support. FOOTNOTES: 1 Secretary of Com. v City Chek of Lonel 373 Mass 178, 366 NE 24 7171977). Asta th common ln sght of person to feely adopt any name abset nude pry, ee 8.2 Asto a married worars ig to maintain her maiden name, 56609 Related Reference Application for change of name. 13B Am. Jur, Legal Forms 24, Name 8 182:54. et 1036, jon or application ~ For change of name. 18A Am. Jur. Pleading and Practice Forms, Name 8 7 to 9, 13 t0 21, 33 2 Mater of Natale, $27 S124 402 Mo, Ck. App. 1979) 5 Applicaton of Premarla, 208 NJ. Super. 112, 508 A 241238 (Law Div. 1985) ‘a4 Mater of Natale, 527 § 9°24 402 (Mo. Ct App. 1973) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR. Index: Change of Name ALR. Index: Maiden Name ALR Index: Names 15B Am. Jur. Legal Forms 2d, Name 8 182:54Page 68 18A Am. Jur. Pleading and Practice Forms, Name, Forms 7 to 9, 13 t0 21. 3310 36Page 69 42 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name B, Martied Woman's Name 97 Am Jur 2d Name B 41 8 41 Change incident to dissolution of martiage Absent injury to the rights of others, there appears to be no reason why a woman's failure to assert the right to use her maiden name upon her marriage should prevent her from doing so atthe time of her divorce or thereafter. so long as she does not do so for criminal or fraudulent purposes.” A woman whose marriage has been dissolved, by divorce or annulment, should have an absolute right, absent fraudulent intent, to resume her former name or adopt a new name, regardless of whether there are living issue from the marriage,* with or without a court order.» Practice Guide: The dissolution of a marriage by divorce does not form a basis for injunctive relief on behalf of a former husband to prevent his former wife from using a combination of her maiden name and his surname, in view of ‘the generally acknowledged acceptability of the use of the husband's sumame by his former spouse and the problems that could result from the unwarranted judicial rejection of that custom FOOTNOTE! 1 Petition of Hooper, 436 So. 24.401 (Fla. Dist Ct. App. 24 Dist. 1983); Piotrowski v. Pits, 71 Mich App. 213, 247 NW 24354 76), 2 Brown Brow, 364 A24652 DC 1977) 3 Thomas v Thomas, 100 422, 236 SE-24 426.1977), App. 34 1080, $6 IL Dee. 604, 4271NE 24 1009 (st Dist 1981) (by impiction; Ine Harn, 160 W.Va 14 Secretary of Com. City Clerk of Lowel, 373 Mass. 178,366 NE 24717 (1977), 15 Weleher. Welker, 342 So. 24251 (La. Ck. App. th Ci. 1977), wit denied, 343 S024 1077 (La 197), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 8 7 ALR Index: Change of Name ALR Index: Maiden Name ALR Index: Nantes 13B Am, Jur. Legal Fomus 2d, Name 8 182:54 18A Am. Jur. Pleading and Practice Forms, Name, Forms 7 to 9, 13 to 21. 3310 36Page 70, 43 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name B, Mamtied Woman's Name 97 Am Jur 2d Name B 42 8 42 Effect and applicability of dissolution statutes: judicial discretion A starute which pemnits a wife, upon dissolution of marriage, to resume her maiden name or the name of a living or de~ ceased former husband, acknowledges the custom that a wife generally assumes her husband's sumame at marriage and that she may wish to resume a former name after a dissolution ofthe marriage." Such a statute merely recognizes that, by marriage, a wife may have effected a common-law change in her name through usage aud is applicable only if the married woman has, in fact. adopted her husband's name.® Whether a married woman has changed her name within the context of a particular statute is a question of fact to be determined on a case-by-case basis.* A statute which provides that upon the request ofa wife whose marriage is dissolved or declared invalid, "the court shall order" her maiden or former name restored, isa statute in aid of the common law.* and does not leave the matter to the cour's discretion.» Ths, it is an abuse of discretion to deny a woman, who requests at the time of divorce, the restoration of her prenuptial name, absent any illegal or immoral purpose.» The use of the word "may" in a statute authorizing the cout to grant a change of name to a Woman upon a dectee of divorce indicates thatthe court is empowered to decree a name restoration, with the only restriction being the common-law one, thatthe change not be with any fraud tleat or evil intent. FOOTNOTE! fl Malone v Sullivan, 14 Asx 469, 605 P24 447 (1980) Thomas © Thomas, 100 App. 3d 1080, $61. Dec. 64, 27 NE 24 1008 (GstDsst 1981) 2 Kruzel v, Pode, 67 Wik 2d 138,226 W24 458, 67 AL R34 12491975). 3 Bally: Brown, 450. Supp. 4 (ND. Ohio 1977) ‘4 Malone v Sullivan, 124 ria 469,605 P.24 647 (1980) Thomas © Thorts, 100 IL. App 54 1080, S61. Deo. 6, 427 NE 2 1009 GatDist 1980), ‘aS Thomas ¥. Thomas, 100. App, 341080, $6 Dee. 605, 427 N26 1009 (1st Dist, 1981), iS Blein' len, 36M App 177 2486 (1977. 7 Pistons. Potosi, 71 Mich App.213, 247 NW2d3 976) REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87Page 71 ALR Index: Change of Name ALR Index: Mniden Name ALR Index: Names 15B Am, Jut. Legal Fomns 2d, Name f 182:54 18A Am. Jur. Pleading and Practice Founs, Name, Forms 7 to 9, 13 to 21, 33 10 36Page 72, 44 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name ©. Minor’s Name A. In General $7 Am Jur 2d Name B 43 8 45 Right of child to change own name A minor, ou the minor's own initiative, may exercise the common-law right toa change of name, without any legal for~ ‘ality, by publie declaration. The tight to change one’s name is not encumbered by the ordinary disabilities generally attendant upon iinority.” but, in order for a minor to effectuate the common-law change of name, the minor must be of sufficient age and maturity to make an intelligent choice. Thus, in the absence of any statutory language to the con- ‘vary, a minor may file a petition fo obtain a name change and there is no legal impediment to a grant of the requested change in view of the common law which recognizes the right of any person, including 2 minor, to a change of name so Jong as no fraud is intended. When a minor seeks a name change, the issues of fraud, deceit, mistepresentation and protection of the public are less relevant factors than when an adult applies for a change of name, * Nonetheless, courts are reluctant to arant a very youthfil minor's change-of-name petition due to an interest in preserving the custom of hhaving the child bear the patemal surname and an interest in maintaining the relationship between the opposing parent and the child.” (Caution: In some states, separate procedures and standards apply for name changes by minors under age of 14. FOOTNOTES: fi Ine Staros, 280 N-W'2é 409 (lowa 1979). 2 Burks v. Hanmnonds, S86 W 24307 (Ky. Ct App. 1979) 13 Hall Hall 30 Ma. App, 224,351 A2d917,92 ALR34 10771976). bt Laks v Labs, 25 Ariz App. 58, $40.24 12 Dix. 21975, ‘nS Mate of Morehead, 10 Kan. App. 24625, 706 P-24480 (1585). Astothe common-law sight, generally, a 82. Related Referenc Petition or application ~ For change of minor's given name -- By minos. 18A Am. Jur, Pleading and Practice Forms, ‘Name 8 36, 16 Mater of Adoption of 0.7, 120 Mis, 24617, 66 N'Y'S.24 636 (Fam. CL 1989),17 Potton of Crisjohn 286 Pa Sypar 112, 428 A.24597 (198). ‘Wiliams v, Ravine County Cieit Court, 197 Wis. 24 41, $41 N.W/24514 (CL App 199. REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR. Index: Change of Name ALR Index: Names 18A Am. Jur. Pleading and Practice Forms, Name 8B 23 to 43, 45Page 74 45 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name ©. Minor’s Name A. In General $7 Am Jur 2d Name B 44 8 44 Rights of parents to have child's name changed: statutory regulation Statutes providing for change-of:name proceedings sometimes stipulate that where the change of a minor's name is sought, both parents if surviving, must join inthe petition, and where tis isso, the consent of both parents is a necessary prerequisite tothe change. Where a mother is a child's only legal parent, a purported father’s consent to the child's name change is not required. ‘When one parent seeks to change the sumame ofa child, the other parent has standing to object. However, such statutes have been held not to apply in some eircumstances, such as when the parent opposing the change has been suilty of gross misconduct. the child was born out of wedlock.* during the pendency of a separation action,” or an action for divorce.* On the other hand, statutes sometimes provide that a single parent, upon giving proper notice to the other. may petition for a change of name of their minor child and, under such a statute, the consent of both parents is not essential. * In some states, however, a noncustodial parent is not authorized to bring a petition to change a child's name uncler the statute governing name changes." Practice Guide: A minor child, and not the child's mother, must institute an action for a change of name through an appointed guardian ad litem, under a statute authorizing a cout in its discretion to grant a petition for a change of name ‘upon application of "any person” desirous of such modification. ** FOOTNOTE! tne Pers, 125 Mis. 24665, 475 N'Y S.24 198 (City Ci. Ct 1984) ‘A court could not ange the last ame of chil rom ha ofthe natural father who ss cored from the natural moter, to correspond ‘withthe lst nme of the natural mother’ second hustand, without the consent ofthe natural father. Application of 18 8, 1995 OK CIV ‘ADP 47, $95.24 748 (Okla Ct App. Drv. 1 1995) Related References: ‘Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 697 B 3. Affidavit Parent's consent to change name. 18A Am, Jur, Pleading and Practice Forms, Name B 40. 2 Mater of NH, 659NE.24644 (id. Ct App 1995) ‘5 Applicaton of Saston, 509 N-W'26 298 (Minn, 1981)Page 75 ‘A chaldsnoncustoia natural fathar as standing o conts name change petition In re Mariage of Chamogorsk, 302 TL App. 3469, 236 Dee. 284,707 NE 2479 (ist Dist 1998) Inve Grimes, 400 Pa Super. 146, S82 A 2d 1386 (1990), decison avd $30 Pa 388,609 ‘424 1581952), ‘Asto change of childs name in an adoption proceeding ee Am. tur. 24, Adoption 8149. Related Reference Petition or application ~- For change of minor's sumame - To adoptive parents’ name. 1A Am. Jur. Pleadi tice Forms, Name 8 35. and Prac- 14 Peon of Chis, 285 Pa Super 112,428 A.24597 (1981). Related References: ‘Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 697 6 6fa] Inet Dunston, 18 N.C. App. 617, 197 $E-24 560 (2973) A mother could not uniterlly change an infnt sas sumame avr the biolgial fiers objection, eve houch he son was hom ot of ‘vedio and had ot bes lptnated hare the bloga ethers nae seared onto uh crete athe ater, and the pares ‘ad intclyagresd thatthe cild would bear the biological fathers sumame. In re Crawford, 134 NC. App. 157,517 S24 161 (1559) Related Reference Rights and remedies of parents inter se with respect to the names of their children, 40 A.LR, Sth 697 83. 16 Webber Pater, 246 La $86, 168 So 24 269 (1864) 7 Ina laterest of M LP, 621 S W2d 430 (Tex Civ- App. San Antonio 1981), dismised ‘8 Applistion of One, 204 Mise 1073, 126N.Y.824 651 (Sup 1854) Related References: ‘Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 697 B 3. ‘Notice ~ Filing of petition for change of minor's name, 18 Am. Jur, Pleading and Practice Forms, Name B 41 19 Inve Mariage of Chamogosky, 302 IL App. 3619, 236 Ill Dec. 234, 707 NE.24 79 (Lst Dist. 1998) lO Inve Stas, 280 NW.2d 409 owe 1979) Ex pate Shull 276 8.512, 280 SE 2d 200 (1981 A Sather ith ao avers interest may, a tied, sur legal sights on behalf of is minor chiden, Secretary of Comm. v City Cle of Lovell, 373 Mass 178, 366NE 24 717 (1977). Related References: Petition or application —- For leave to intervene by minor's natural father —- Opposition to change -- Proceeding for change of minor child's name. 18A Am. Jur. Pleading and Practice Forms, Name B 37, REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 8 7 ALR Index: Change of Name ALR Index: Names18A Am. Jur. Pleading and Practice Forms, Name RB 23 to 43, 45Page 77 46 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name ©. Minor’s Name A. In General $7 Am Jur 2d Name B 45 8 45 Informal name change A divorced parent may not change a minor child's name de facto, even for informal occasions, where a statute mandates that no minor child's ame may be changed without both of the child's parents having notice of the pending of the application for the change of name." A court may grant injunctive relief prohibiting a custodial mother from the informal name change of minor children in her custody to reflect the surname of a stepfather, where the change is against their best interests and in derogation of the natural father’s interest in preserving the children’s use oftheir legal name and his parental relationship. [tis not inthe best interests of a minor child for a court to sanction its informal adoption of a Stepfather surname, for use while inthe custody of the mother, despite the retention and use of te natural father’s sur came at other times.” Observation: An informal or illegal change of a minor's surname does not effect a de facto adoption and does not suspend the natural father’s duty to support. FOOTNOTE! a Young v. Young, 356NW2: 823 Quinn. Ct App. 1984) 2 Browa v, Caroll, 693 $1.24 61 (Lex App. Ter 1989), Related References: Petition or application ~ For injunction to prevent mother from allowing minor child fo use stepfather’s sumame ~ By aatural father, 18A Am, Jur, Pleading and Practice Forms, Name B 38, 15 Young Young, 556 W.2d 825 (Min Ct App. 1988), Related Reference Petition or application ~- For change of minor's sumame -- To stepfather's name. 18A Am. Jur. Plead Forms, Name BB 33, 34 and Practice tf Inze Rastck, 38 Obio App. 2445, 67 Ohio Op. 24 260, 312 NE 24 536 (Sth Dist. Cuyahogs County 1974) (recognizing rl). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 8 7 ALR Index: Change of NamePage 78 ALR Index: Names 18A Am, Jur. Pleading and Practice Forms, Name 88 23 to 43, 45Page 79 47 of 89 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name ©. Minor’s Name A. In General $57 Am Jur 2d Name B 46 8 46 Requirement that change be in child's best interest While an adult has @ general right to assume a new name,~ a court umst give greater protection when itis the name of ‘an infant that is sought to be changed, and in these matters a court stands in loco parentis with respect to the infant, and the paramount concem is that the name change must be in the best interests of the child." However. where there are peripheral factors, exceptions are permitted. In view of the special rights and interests of parents with regard to their children, a court considering a proposed name change for a minor child should also consider the interests of the parents as well asthe best interests of the child. © ‘Observation: In a proceeding for the name change of a child, the issue is not whether it isin the best interest of the child to have the surname of the mother or father, but rather, whether the interest ofthe child will be promoted substan tially by changing his or her sumame. In the case of a contested petition to change a minor child’s name. the court must carefully evaluate all the relevant fac~ ‘ual circumstances to determine if the petitioning parent has established that the change is in the child's best interests, without according a presumption in favor of either parent. ° However, it has been held that a court has no discretion to deny a father’s application to change the name of his child if there is satisfactory evidence establishing that the change ‘of name would be inthe best interest ofthe ehild.-* ‘The task of determining the best interests of child in a case involving a child's sumame is for the trial judge, who has the opportunity to personally observe and evaluate witnesses, and the determination of the issues involved is ondinari- ly a matter for the trial cour’ discretion. »® Because the child's best interest isthe ultimate fact and the material issue, * ‘when granting or denying a petition for a name change, the court must set forth clear and compelling reasons for its de- FOOTNOTES: 1 Ast right of adult to change name, 8805 16,17 2 Application of Sakari by Sakari, 160 Mis. 24657, 610 N-¥.S.2 1007 City Civ. Ct 1993) 15 Inre Cstody of 1.0. 1999 MT 325,297 Mont ‘ee overuled, Jan 18, 2001), Mazzonav.¥ 622 (Utah Ct App 1997) May v Crandy, 259 Va 629, 08852 127,993 P. 24667 (1999), Minnie. Neon. 9 Neb. App. 427,613 NW.26 2s 2000, 341 C203, $32 SE-24 890 (CL App. 2000), Chstnsen Christensen 941 P.2d 2000), ‘An onder o change ach’ name sal not be entered unless the tl com finds hy clear and comvncin evidence that a change x necessary fo ene the elds best iotrest Stockton © Olsenbars USL App. 38 897,236 ll Dae 1013, 715 NE2d 259th Dist 19)Page 80 Related References: ‘Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 697 68.5, 1 Applistion of Saris by Sakari, 160 Mise. 24657, 610 N'.S.24 1007 (City Civ. Ct 1993) 15 Mater of Morehead, 10 Kan. App. 2d €25, 706.24 480 (1985). 1 Stank v.Pethovvek, 216 A D.24900, 629 N.S 24129 (Ath Dept 1995) 1 Peston of Schneier by Koslot 548 Pa. Super 542, $96 A.24 1249 (1985). ‘8 In Interest of ML. P., 621 S W24 430 (Tex. Ce. App San Aatonio 1981, dismiss, 18 Christensen v. Chrsensen, 941 P.24622 (Utah Ct App 1987) ‘10 Mater of Spat, 199 Neb, 332,258 N.W.2d $14 1977) Ia ltvet of ML. P,621 & W.24 430 (Tex Civ. App, San Antonio 1981), ismssed ft Daves, Nasos, 105 Wath. 2424, 71 B24 314 (1985), 2 LaChapellew Miten, 607 NW24 151 (Minn. Ct App, 2000), review denied, (May 16,2000) and cor dened, 121 S.Ct S65, 148L Bd 24 485 (US. 2000) Related References: Order ~ Changing minor child's name -- After hearing objections. ISA Am. Jur. Pleading and Practice Forms, Name & 45 REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name 87 ALR Index: Change of Name ALR Index: Names 18A Am. Jur. Pleading and Practice Forms, Name BB 23 to 43, 45Page 81 48 of 80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name C. Minor’s Name 2. Pasticular Factors Considered $7 Am Jur 2d Name B 47 847 Generally Whether a change in a child's sumame is inthe child's best interests may depend on several factors, includ amisconduct by one parent a parent's failure to support the child ‘parental failure to maintain contact withthe child she length of time that the surname has been used for or by the child svhether the child's surname is different from the sumame of the custodial parent athe child's reasonable preference for one surname the effect of the change of the child's sumame on the preservation and development of the child's relationship with cach parent the degree of comity respect associated with the child's present sumame and proposed surname Aifficultics thatthe child may experience ffom bearing the preseut or proposed sumame she identification of the child as part ofa family unit Other impostant factors in determining whether a change in a child's sumame is in the child's best interests include the motivation of the parties, the effect a failure to change the name will have on furthering an estrangement of the child from a parent exhibiting a desire o preserve the parental relationship and the possibility that a different sumame may cause insecurity or a lack of identity. Also considered are the expressed wishes of both parents, the stated reason for the proposed change, the child's age and maturity, the nature of the family situation, and the strength of the tie between the child and each parent.” FOOTNOTE! fl Minnig . Neon, 9Neb. App. 427,613 NW2d 24 (2000) review overuled, Can 18,2001). 2 Minnig v. Neon, 9Neb. App. 427, 613 NW2d 24 (2000), review overule, Can 18,2001). Related Referenc ‘Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 69 Bas.Page 82 3 Inre Mariage of Presa, 102 I 24 303, $0 I, Deo. 294, 465 NE.24 85 (1984) Related Referenc ‘Rights and remedies of parents inter se with respect to the ames of their children, 40 ALR. Sth 697 BB 6fa, ¢]. 8. SUPPLEMENT: Cases In a name change, what is in the best interest of the child involves several factors, including but not limited to: (1) mis conduct by one of the parents, (2) failure to support the child, (3) failure to maintain contact with the child, (4) the length of time the sumame has been used, and (5) whether the sumame is different from that of the custodial parent; the court may also consider whether a particular name will contribute to the estrangement of the child from a non-custodial parent who wishes to foster and preserve the parental relationship. In re Name Change of LM.G., 2007 SD 83. 738 N.W.24 71 (SD. 2007) Change of child's surname to father's sumame was not in child's best interests, where child's sumame was the same as hher mother’s name, her half-siste’s name, and her stepfather's name, those people constituted child's family unit, relationship between mother and stepfather, although troubled in the past, was improving, relationship between mother and father was also improving and father had increased visitation with child such that a uaune change would not change his and child’s relationship. and child could suffer difficulties, harassment, or embarrassment by having a different sumame than her family unit. In re Name Change of LMG., 2007 SD 83, 738 N.W.2d 71 (S.D. 2007), REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Names 18A Am. Jur. Pleading and Practice Forms, Name BB 23 to 43, 45Page 83 49 of §80 DOCUMENTS American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name C. Minor’s Name 2. Pasticular Factors Considered $7 Am Jur 2d Name B 48 8 48 Embarrassment, inconvenience, or confusion Although embarrassment and harassment to the child occasioned upon a proposed change of name are frequent consid rations in the determination of a minor's best interests," a custodial parent's interest in having his or her minor ehile’s ‘name changed, over the objection of the uoncustodial parent, in order to avoid embarrassinent, inconvenience. or confi sion is, as a general matter, entitled to little or no consideration, ® Embarrassment and harassment to the child will be considered, and evidence supported the conclusion that changing a child's sumame from that of the father to that of the mother would be in the best interest of the child and would not be detrimental to any person, including the father, where a social worker testified that the notoriety ofthe father’s surname was causing difficulty for the child. Observation: A change of name was notin the best interest of the minor children, born out of wedlock and bearing. the mother’s maiden name, where any benefit ofa name change, to reflect the acknowledged father’s surname, would be outweighed by the possible confusion an disruption that could result fiom the change." A change of a minor's name will be denied where the granting of the change will further no purpose other than that of a Temporary and superficial expedient based upon allegations of speculative embarrassment to the child.” FOOTNOTE! fl Mazzone v Nie, 41 $C. 203,532 SE24 890 (Ct App, 2000); Chiistnsenv. Chstnsen, 941 P24 622 (Uda Ct App. 197) “The potential embarassment or discomfort the child would experience when hs or har surname is diflent than the custodial pani a fac {or that shouldbe conssere by the al cout when contemplating changing amanor’ ame Ine the Mariage of Hayes, 128 W 84767 (ib. Ct agp. $D 2000), 2 Wea. Way, 138 Ga. App 363, 228 SE.2d385 (1976) Ia Has, 160 W. Ya, 422, 296 S24 426 (1977. thas heen sid hat rial court connot change a cis name because of mince inconvenience or minor embarrassment. May: Grand, 259, Va 620, 328 24 105 (2000), Related References: Rights and remedies of parents inter se with respect to the names of their children, 40 A.LLR. Sth 697 B4. 3 B-L—W--by Ella K — . Wollwabar, 823 8 W2d 119( Ct App SD. 1982) ‘Aitkin County Family Service Apaney ¥ Girard, 390 N'W.2d 906 (Mina. Ct. App. 1986)Page 84 15 Inre Mariage of Omelson, 1121 App. 34 6 Dee #45 NE 24951 (Sth Dist 1983). REFERENCE: West's Key Number Digest, Names [westkey]20 ALR Digest: Name B7 ALR Index: Change of Name ALR Index: Names 18A Am. Jur. Pleading and Practice Forms, Name 88 23 t0 43, 45Page 85 50 of 80 DOCUMENTS, American Jurisprudence, Second Edition ‘Copyright © 2008 West Group Erie C. Surette, .D. Name UL Change of Name C. Minor’s Name 2. Pasticular Factors Considered $7 Am Jur 2d Name B 49 8 49 Parent's interest in having child bear paternal or maternal sumame Among the inherent and inalienable rights protected, when the scope of life. liberty. and property is measured, isthe right to establish and maintain a home and family relations, and because a change ofa child's paternal sumame ean be a ‘burden upon an important family relationship. a father’s protectible interest in that respect comes within the coverage of the due process clause of the Federal Constitution. Thus, itis generally recognized that a father, who is ordinarily the objecting party, has a protectible interest in having his child bear his surname in accordance with the usual custom, even though the mother may have been awarded custody of the child. Such custom, however. is not alone sufficient justfi- cation for the change of a minor chiles name. To the extent that a father’s “right” in having a child bear his surname septesents a recognition of a father's interest in perpetuating his own name or in protecting his ego or in preserving his perceived male prerogatives, it may have little or no relevance ta the best interests ofthe child or to the propriety of a name change. However, fo the extent the right recognizes the father’ interest in maintaining his relationship with a child for their mutual benefit it becomes highly relevant. Every divorced parent, custodial or not, whose paternal or ‘maternal bond remains unsevered, has @ cognizable claim to having his or her child continue to bear the very same legal ‘name as that by which it was known at the time the marriage was dissolved. Accordingly, judicial discretion in order ing change of a minor's surname against the objection of one parent should be exercised with areat caution and only. ‘where the evidence is clear and compelling that the substantial welfare of the child necessitates such change." FOOTNOTE! fl Can Johnson, 263 Ark. 260, sw24 10 1978). 12 Coban x. Cunningham, 104 4 D 24 716, 480 NS 24636 (4th Dept 1984; Applicaton of Tubbs, 1980 OK 177,620 P24 384 (Okla 1980), Asto respecting afters sight nis minor hls sumame, generally, e600 14,15 Astothe ight ofa parent objecting tothe cher parent atenpt to change the uate oftheir child to lia by way of injunction, we 42 Am, Sw. 2 Innmctons B90 Related References: Rights and remedies of parents inter se with respect to the names of their children, 40 ALR. Sth 697 B 7[a, c). Petition or application ~- For leave to intervene by minor's natural father ~- Opposition to change -- Proceeding for change of minor child's name, 18A Am. Ju, Pleading and Practice Forms, Name 8 37, 13 Petition of Schiller by Keslof 344 Pa Super. $62,496 A2d 1249 (1085)

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