In Re: Change of Name of D.J.G. ( 2016 )

J-A22045-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: CHANGE OF NAME OF: D.J.G. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
:
APPEAL OF: A.D. : No. 271 MDA 2016
Appeal from the Order Entered January 13, 2016
In the Court of Common Pleas of Lancaster County
Civil Division at No(s): CI-15-02812
BEFORE: GANTMAN, P.J., PANELLA, J., and JENKINS, J.
MEMORANDUM BY GANTMAN, P.J.: FILED SEPTEMBER 16, 2016
Appellant, A.D. (“Mother”), appeals from the order entered in the
Lancaster County Court of Common Pleas, which denied Mother’s petition to
change the surname of D.J.G. (“Child”). We affirm.
In its opinion, the trial court fully and correctly sets forth the relevant
facts and procedural history of this case. Therefore, we have no reason to
restate them. We add only that Mother timely filed a notice of appeal on
February 12, 2016. The trial court ordered Mother on February 17, 2016, to
file a concise statement of errors complained of on appeal pursuant to
Pa.R.A.P. 1925(b), and Mother timely complied on March 4, 2016.
Mother raises the following issues for our review:
DID THE TRIAL COURT ABUSE ITS DISCRETION IN
FINDING A CHANGE IN THE CHILD’S NAME WAS NOT IN
THE CHILD’S BEST INTEREST?
DID THE TRIAL COURT ERR IN ENTERING AN ORDER
DENYING MOTHER’S PETITION TO CHANGE THE NAME OF
J-A22045-16
THE MINOR WHERE THE EVIDENCE WAS INSUFFICIENT TO
SUPPORT THE DECISION, SPECIFICALLY WHERE TWO OF
THE THREE CRITERIA FOR THE BEST INTEREST OF THE
CHILD STANDARD WEIGHED HEAVILY IN FAVOR OF
MOTHER AND WHERE THE THIRD CRITERIA WAS NOT
CONSIDERED?
DID THE TRIAL COURT ERR IN NOT GIVING
CONSIDERABLE WEIGHT TO THE FACT THAT FATHER’S
OBJECTION WAS ALMOST ENTIRELY BASED IN
CONTINUING THE TRADITION AND CUSTOM OF
PATRILINEAL NAMING?
(Mother’s Brief at 6).
Appellate review of an order denying a petition for a name change
implicates the following principles:
Our standard of review involving a petition for change of
name, regardless of the age of the petitioner, is whether
there was an abuse of discretion. An abuse of discretion
exists if the trial court has overridden or misapplied the
law, or if the evidence is insufficient to sustain the order.
Further, resolution of factual issues is for the trial court,
and a reviewing court will not disturb the trial court’s
findings if those findings are supported by competent
evidence. It is not enough for reversal that we, if sitting
as a trial court, may have made a differing finding or
reached a different result.
T.W. v. D.A., 127 A.3d 826, 827 (Pa.Super. 2015) (internal citations
omitted).
Pennsylvania’s name change statute provides:
§ 702. Change by order of court
(a) General rule.— The court of common pleas of
any county may by order change the name of any
person resident in the county.
54 Pa.C.S.A. § 702(a). When the petition is filed on behalf of a minor child,
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the court must determine if the change is in the best interests of the child,
and the petitioner has the burden of proof. In re C.R.C., 819 A.2d 558
(Pa.Super. 2003). A petitioner’s mere allegations that a name change will
be in the child’s best interests, without any supporting evidence, are not
sufficient to meet the burden. Id. at 562.
Specific guidelines are difficult to establish, for the
circumstances in each case will be unique, as each child
has individual physical, intellectual, moral, social and
spiritual needs. However, general considerations should
include the natural bonds between parent and child, the
social stigma or respect afforded a particular name within
the community, and, where the child is of sufficient age,
whether the child intellectually and rationally understands
the significance of changing his or her name.
In re Change of Name of Zachary Thomas Andrew Grimes to Zachary
Thomas Andrew Grimes-Palaia, 530 Pa. 388, 394, 609 A.2d 158, 161
(1992).
After a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinion of the Honorable Howard F.
Knisely, we conclude Mother’s issues merit no relief. The trial court opinion
comprehensively discusses and properly disposes of the issues presented.
(See Trial Court Opinion, filed March 17, 2016, at 3-7) (finding: (1)-(3)
Mother and Father were not married at time of Child’s birth, and agreed to
give Child Father’s last name in anticipation of getting married; Mother and
Father permanently separated thereafter, and Mother and Child currently
live with Mother’s family; Mother’s testimony regarding why Child’s name
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should be changed to match her birth name centered around Mother’s own
desires, beliefs, and concerns, rather than consideration of Child’s best
interests; Mother offered no evidence to show Child has struggled to accept
himself or feel secure in his home owing to his different last name; Child has
not been subjected to harassment or embarrassment in community; Mother
has not had any difficulty with Child’s medical or dental appointments
because of his last name; Mother failed to present any evidence to support
her contention that her surname was afforded more respect in community
than Father’s surname; both Mother and Father have been active in Child’s
life; Child has strong, supportive, and loving relationship with each parent;
change of Child’s name would not enhance stability or bond in mother-son
relationship; name change would unnecessarily deprive Child of another link
to Father; Mother’s entire family already accepts and loves Child; Mother
indicated she would change her last name if she remarried, which would
result in Mother and Child again having different last names; Father’s desire
to preserve his family name would be insufficient to support name change,
but Father is not petitioner advocating for Child’s name change; thus,
Mother failed to meet her burden to show name change would be in Child’s
best interest). The record supports the court’s decision; therefore, we have
no reason to disturb it. Accordingly, we affirm on the basis of the trial
court’s opinion.
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J-A22045-16
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/16/2016
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Circulated 09/01/2016 02:38 PM
IN THE COURT OF COMrvtON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL DIVISON
IN RE: CHANGE OF NAME OF
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OPINION ..EB·,
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BY: KNISELY, J. March 1 ~2011?
A.'t>. f I\~} has filed an appeal to the Superior Court of Pennsylvania fro!thir-~ ---
Court's denial of her petition to change the name of her minor son by Opinion and Order of
January 13, 2016. On appeal, Mo ~~if alleges that this Court, (1) abused its discretion in
finding a name change was not in her child's best interest, (2) erred in entering an order denying
her petition because the evidence was insufficient to support this Court's decision, and (3) erred
in "not giving considerable weight to the fact that [ f"'"",e..yt.s] objection [to changing his
son's name] was almost entirely based in continuing the tradition and custom of patrilineal
naming."! This opinion is written pursuant to Rule 1925(a) of the Pennsylvania Rules of
Appellate Procedure.
BACKGROUND
T).~~- (\'6'a~~ J , born November -1, 2010, is the son of Petitioner, Mo~
'
•2 Neither party has any other children.3 At the time of their son's birth,
Mo~ WA! (=o.,~ were in a relationship but not married.4 However, the couple
planned to marry in the future, so they agreed to give~~ his father's last name.5
Nonetheless, about 7 months after ~~was born, Mo #tw ~ ~a)h~v 1 broke off
1
See Statement of Matters Complained of On Appeal Purusant to Pa.R.A.P. 1925, filed March 4, 2016.
2
See Transcript of Proceedings, Request for Change of Name Hearing, December 14, 2015 (Knisely, J.)
(hereinafter "N.T. at_") at 3-6
3
N.T. atS
4
N.T. at 7.
5
N.T. at 7.
their engagement and permanently separated. 6
Mo ~U currently lives in Elizabethtown,
Pennsylvania with her son, her father, and her sister. 7 A(\-o\tkW : explained that her immediate
family and close relatives all reside in that general area, and her family's name is well-regarded
in the commwrity.8
Mo~ · explained her son's last name should be changed because she believed that
her son was "closer with [her] side ofthe-family,.who are i=. than he is with! ~-- - -
side of the family. "9 She also felt the name change was necessary because it would
be easier and less confusing for her son to grow up with the same last name as his mother.l''
However, MC tw er indicated that she has not had any difficulty with her son's medical or
dental appointments as a result of his last name. 11 She also stated that she would adopt her
husband's last name but keep ctw,t'L.,- 's the same if she were to marry in the future. 12
) ~~ 1has consistently remained acti'Ve in his son's life, and opposed the name
change." F~ who does not have any brothei;s and lost his father to cancer three years· · ,, . ,,
ago, testified that he wanted du.t,rk. ;O keep his last name to ensure the preservation of the
f'~family name." ~d\ .identifies (~ as his father, and, c:MJ... gets excited
and joyful when spending time with him.15 f~ 1 calls his son regularly, visits his son for
a few hours each week, financially supports: ~ through the payment of child support, and
6
N.T. at 7.
7
N.T. at 6. (:}
8
N.T. at 12. The court notes that r~~!¥'" established an informal custody arrangement where
o,..;.J..4.._; lives with his mother full-time, but 1 ~ev-- ,1 remains actively involved in his son's life.
9
N.T. at 16.
10
N.T. at 16.
11
N.T. at 14, 23.
12
N.T. at 12.
13 N.T. at 7-8, 21.
14 N.T. at 20-21.
IS
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attends nearly all of c.tti..tJ.I' s doctor's appointments. is He is also present for lk.J.d . !s
birthday each year and makes arrangements to see his son during the holidays when possible.17
fed::k.4>.f also always visits his child at MrJ~«' s home as a convenience to her and
~ -,
18
; F~~·,-E> i mother, JM~ 's grandmother, and M o-fk.t,v11s aunt are all
also involved in CL.ltl~life.19
=en-~31~zo1=s-;:~~tii~irip~titi~n
----- .. -···=···· ==-=· seeking t~-~lt~g~ th; ~~;-~fii~r-~i~~;~=-:~·-·
child from ' 1:7•.::r. c; . - .·1 to .1). ~. t>; . . ; . . A hearing was held on the matter
on December 14, 2015. The Court heard testimony from only: Mot\\W ·: and. f~th~V".,
C~ ·, though present outside of the courtroom, was not aware that the change of name
proceeding was occurring, and tv\c, ~ · indicated that she had never spoken to her son about
his last name or the possibility of changing it.2° Consequently, this Court declined to interview
dru1tl. because it determined that the boy, at age 5 and unaware of the name change .
-s::.,::.:.r~::-:;:-·---proceeding, was not ofsufficient ~age to-iiitelbgently imdratforially understand and oiscus/fili.e -
. ( .
significance of changing his name. 21 · By Opinion and Order of Court dated January 13, 2016,
this Court denied Mo~eN'"rs petition.22 The instant appeal followed.
DISCUSSION
Mo~~ alleges three claims of trial court error. Because all three claims are related
and involve the best interest of the child analysis, this Court will address them together. The
decision to grant or deny a petition for change of name, regardless of the age of the petitioner, is
within the discretion of the trial court, and such rulings will not form the basis for appellate relief
16
N.T. at 7-9, 19.
17N.T.
at 19.
18
N.T. at 8, 22-23.
19
N.T. at 6, 9.
20
N.T. at 5, 11.
21
N.T. at 18.
22
Opinion and Order of Court (January 13, 2016) (Knisely, J.).
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absent an abuse of discretion. Grimes, 609 A.2d at 159 n.1; T.W. v. D.A., 127 A.3d 826, 827
(Pa.Super. 2015). "An abuse of discretion is more than just an error in judgment and, on appeal,
the trial court will not be found to have abused its discretion unless the record discloses that the
judgment exercised was manifestly unreasonable, or the result of partiality, prejudice, bias or ill-
will." Commonwealth v. Griffin, 804 A.2d 1, 7 (Pa. Super. 2002) (citing Commonwealth v.
=~- --------···-·-
Smith, 543 Pa. 566, 571, 673 A.2d 893, 895 (1996)). Furthermore, an appeffate court will not
disturb a trial court's factual findings if those findings are supported by competent evidence,
even if the appellate court may have made a different finding or reached a different result. T. W.,
127 A.3d at 827.
When dealing with the name change of a minor child, the key inquiry is whether the
name change will be in the best interest of the child. See In re Zachary Thomas Andrew Grimes,
609 A.2d 158, 161 (Pa, 1992). The burden rests on the petitioner to establish that the name
· ·-------~-~liange ism tne cliild' s best interest. Id. Where a petition to change a child's name is contested,
the court must carefully evaluate all of the relevant factual circumstances to determine if the
petitioning parent has established that the change is in the best interest of the child. In re C.R.C.,
819 A.2d 558, 560 (Pa.Super. 2003)(citations omitted).
No specific guidelines have been established to evaluate what is in a child's best interest.
Grimes, 609 A.2d at 161. That determination must be made by the trial court on a case-by-case
basis. Id. However, "general considerations should include the natural bonds between parent and
child, [and] the social stigma or respect afforded a particular name within the community ... " Id.
Additional factors to be considered are the physical, mental, emotional, and spiritual needs of the
child. In re Davis, 465 A.2d 614, 616 (Pa. 1983). When the child's desires are at issue based on
discrepancies in each parent's testimony, the trial court should also interview the child to
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ascertain the child's actual desires. Grimes, 609 A.2d at 162.23 Moreover, in determining the
child's best interest, the court must exercise its discretion in such a way "as to comport with
good sense, common decency[,] and fairness to all." Petition of Falucci, 50 A.2d 200 (Pa. 1947).
Furthermore, the best interest standard is general neutral. See Petition of Schidlmeier by
Kos/of, 496 A.2d 1249, 1254 (Pa.Super. 1985)(held tradition and custom favoring paternal
. -·-----··-----------~==~-~===~---
surnames does not constitute a valid reason for changh{ga-child'; name):· Our Supreme Courr··· - .. --- -
has also noted-that there is no longer-any social stigma in having a surname that differs from
either parent. See Grimes, 609 A.2d at 161 n.6. Moreover, mere allegations by a petitioner that a
name change will be in his child's best interests, without any supporting evidence, is not
sufficient to meet the required burden. In re C.R.C., 819 A.2d at 562 ( citation omitted). A
petitioner also does not show a name change is his child's best interest by merely referencing his
own desires, beliefs, and concerns. T. W., 127 A.3d at 829
Here, this Court determined that M o'iv\c.tf "did not meet her burden of showing that a
name change was in her son's best interest. Mo~·~ ; testimony predominately references
her own desires, beliefs, and concerns, including her belief that her son may be confused if he
has a different surname than her. While this Court does not doubt that. ,v\.o~~'.!s-concems
are of great significance to her, she offered minimal support to demonstrate that the name change
would be in her child's best interest. She failed to produce any evidence, beyond her own
concerns, to demonstrate that her son, as a result of his last name, has struggled to accept himself
or feel secure in his home. :cJ,..cU ; has not be subjected to harassment or embarrassment in the
23The Court again notes that it declined to hear testimony from: cw..t.A. !because it determined that the he did not
rationally understand the significance of changing his name based on his young age and because he was even not
even aware of the name change proceeding. Moreover, the Court determinedthat interviewing ~: was
inaw~priate because unlike the testimony in Grimes, the testimony in this case did not contain any discrepancies as
to c;__.b; \:5- -~-_desires lo tbis cpse, it is bis parent's desires that are both at issue and at odds.
5
community as a result of his last name. Moreover, the Court again notes that our Supreme Court
has determined that there is longer a social stigma in having a surname that differs from either
parent. M4:~~'/'.also has not had any difficulty with~·~ medical or dental
appointments because of his last name. Furthermore, although the rflo~~ name is known in
the Elizabethtown area by virtue of several generations of ~ living in that area,
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