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Court Denies Name Change for Child Because of Father’s Objection
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Publisher: Empire State Legal Forms, Inc.
Editor Marc A. Rapaport, Esq., 350 Fifth Ave, Suite 4400, New York, NY 10118; www.RapaportLaw.com
Volume 5, June 10, 2008 |
In a decision that appeared in the New York Law Journal on May 16, 2008, the Appellate Term upheld a decision by the Civil Court of the City of New York denying a mother’s petition to change the name of her child. The decision was entered in the case Christine Trevellian, as Parent, For Leave to Change Minor’s Name v. Markus Aldo Wilson.
The Petitioner-Mother asserted that the child should share her surname so as to avoid potential embarrassment. The Court rejected that argument, noting that her concern was “speculative at best” and that “[I]t is no longer uncommon in today’s society for a child to have a different surname than that of a parent, and, to the contrary, it has become commonplace for siblings to have different surnames.”
The Court noted that the father was involved in the subject child’s life, visiting regularly and paying support. Notably, the Court ruled against the Petitioner despite the father’s failure to appear at the court hearing.
The Court further noted that applications to change a child’s surname are generally only granted where the father is guilty of misconduct, abandonment or lack of support.
