Name Change of a Minor

Charles B. v. Jennifer S., Erie App. No. E-08-012, 2008-Ohio-4276. A father of child sought to have surname of his son changed to his name rather than the name of the mother. Father and mother were never married. The court of appeals affirmed the trial court's determination that naming the child with the father's surname was appropriate. In examining various factors to be considered in determining the best interests of the child, clear and convincing evidence was required to show the length of time the child used the surname, the effect of the name on the father/child relationship and on the mother/child relationship, the identification of the child as a part of the family unit, the embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents, the preference of the child, if the child is of age and maturity to express a meaningful preference and any other factor relevant to the child's best interest. Despite the precedent that there is no greater benefit to the child having the father's surname versus the mother's surname, the trial court concluded that it is the best interest of the child under the circumstances in this case. The court of appeals reversed because evidence was presented that the child lived with the mother and half brother who both bore mother's surname, would attend the same school system as his half brother and could suffer embarrassment from not having the same name as his custodial mother, is babysat weekly at his maternal grandmother's with his cousins who also have the mother's surname and has been established under his mother's surname and area doctor's office and hospital. The court of appeals finding that the father failed to establish be clear and convincing evidence of the best interests of the child, reversed the trial court ruling changing the child's surname to the father's name.