Can The Court Change A Child's Name In A Parentage Action In Ohio

When children are born to unmarried parents, at times we get questions from mothers nigh name changes for their children who are legally known by their fathers' final names. Sometimes, when the female parent has given a child her concluding name at birth, the begetter files to take the child'south terminal name changed to his own last name.

In this blog, we volition become over some of the Ohio case law on proper name alter efforts and what the Courts look for or require in deciding if irresolute a child'southward terminal name in Ohio can legally be completed.

Is changing a kid's final name in Ohio legal?

Nosotros will start with the 1988 case of Bobo Five. Jewell (No. 87-1172.; 38 Ohio St. 3d 330 (1988) which was a case involving an appeal to the Supreme Courtroom of the State of Ohio. 1 of several bug was the trial court'southward decision which inverse the child's last proper name from Jewell to Bobo when the lower court had adamant that Mr. Bobo was the child's male parent. The court of appeals had apparently reversed the changing of the name to Bobo and ordered the name to be inverse back to Jewell.

The Supreme Court of Ohio has gone through some interesting historical changes, starting with the fact that many years ago a child born out of wedlock was not given the last name of either parent. As customs progressed, such a child was subsequently given the mother'southward concluding proper name. The Ohio Supreme Court noted that "In Ohio, an illegitimate child must be given the surname of its mother at nativity unless both parents sign the birth certificate every bit informants and both the female parent and father designate that the child is to exist given the father's surname. R.C. 3705.fourteen." Patently, this is what had been done in the example before the lower court's conclusion (the child had the mother'southward last proper noun) and so the Supreme Courtroom case hither was concerned with the irresolute of that final name afterwards information technology had originally been established.

The Supreme Court of Ohio pointed out that, in Ohio, proper noun changes tin come up nearly through motions filed in probate courts, or sometimes merely from the "adoption of a new proper noun" so long every bit fraud is not involved. The instance before the Supreme Court in this example, though, came about from a request for a name change in a juvenile court during proceedings to institute that Mr. Bobo was, in fact, the begetter.

In this case, the Supreme Court of Ohio recognized that a lower court had the power to make orders which were in the best involvement of a kid and that the court was authorized to lodge a new nascence certificate to be issued giving the child a new final proper noun. The court said that, to be fair and non-discriminatory in deciding whether to change a child's last proper noun, the lower courtroom had to "find" that it was in the best involvement of the child but that no greater weight should exist given to the father'southward desire to take his child carry his name, regardless of prior community regarding naming. The court indicated that if the parents had never been married, the female parent'southward involvement in having the child acquit her terminal name was equal to the father'south involvement in begetting his name.

In determining the all-time interest of the child, the Supreme Courtroom stated that the lower court should consider only the post-obit factors: "…the length of fourth dimension that the child has used a surname, the effect of a name change on the male parent-child relationship and on the mother-child relationship, the identification of the child as office of a family unit, the embarrassment, discomfort or inconvenience that may upshot when a child bears a surname unlike from the custodial parent's (surname), the preference of the child if the child is of an historic period and maturity to express a meaningful preference, and whatever other factor relevant to the child's best involvement."

In upholding the courtroom of appeals reversing the name change from the lower court, the Supreme Court of Ohio noted that the mother (Ms. Jewell) was the custodial parent, that the child had been known by the mother's surname (Jewell), and that no evidence in the tape supported the conclusion that the modify in proper noun (to Bobo) was in the best interest of the child.

A Franklin County, Ohio Case

In the Franklin Canton 10^th District Court of Appeals, a decision was issued in 2016 regarding the case ofBond v. de Rinaldis, 2016-Ohio-3342. In that case, the mother (Ms. de Rinaldis) appealed a determination of the lower (Juvenile) Court. She and Mr. Bond were the parents of Andrew, a son born out of union. She had his name placed on his birth certificate every bit Andrew "Pandolfi de Rinaldis Cano". Afterward, Mr. Bond filed an activity seeking to be named as Andrew's male parent and asking that Andrew'south concluding proper noun include Mr. Bond's terminal name.

Mr. Bond was determined to be Andrew's begetter through genetic testing and the parties later tried the example wherein one of the issues was whether Andrew'due south surname should exist changed. Mr. Bond stated that "Cano" was the mother'due south stride-female parent's maiden name and he wanted that portion of Andrew'south last name replaced with "Bail."

When the Magistrate issued a decision, the Magistrate decided that Andrew's name should exist changed to "Bond-Pandolfi de Rinaldis" and that alter was in Andrew'southward best interest.

The mother appealed and stated that the court had used an "improper test" and incorrectly ordered a change to Andrew's concluding name.

The court of appeals recognized that an unwed female parent may give her child any final name she chooses by putting that name on her child'south nascency certificate (R.C. 3705.09(F)(1)). However, the Court of Appeals too recognized that a male parent tin can enquire for a name modify, and the Court of Appeals referred to the "best interest of the child" standard (R.C. 3111.13(C)) – and even the correct to apply for name changes in probate court (R.C. 2717.01(B)).

The court of appeals, in this case, reiterated the things to consider from the Supreme Court case (above) but besides mentioned "(seven) parental failure to maintain contact with and support the kid…" which may really be role of the concept mentioned in the Supreme Courtroom case — that being "the identification of the child as part of a family unit."

The Courtroom of appeals decided that the trial courtroom had practical the proper factors and upheld the trial court (Magistrate's) determination including the father's last proper name every bit part of the child'south last name.

Interestingly, in this case, the Court of Appeals noted that "… the Supreme Court of Ohio has expressed a preference for a hyphenated surname for a child of divorced or unmarried parents who is not quondam enough to have established an existing surname as part of his or her identity," going on to land that "…a hyphenated surname helps a child identify with both parents," and that, "… a combined surname gives the child a greater sense of security," also mentioning that, "… [t]he kid with a combined surname does not take to explain why his or her last name is different [from his father's or mother'south surname]. A combined surname is a solution that recognizes each parent'south legitimate claims and threatens neither parent's rights. The name only represents the truth that both parents created the child and that both parents have responsibleness for that child."

Summary

If yous are considering irresolute a child's concluding name in Ohio, y'all should consult with a family unit law attorney who can assist y'all anticipate the issues which volition be involved in your case and help with the presentation of the show and testimony required to accelerate your position on the thing.

______________________________________________________________________________

Attorney William L. Geary has been practicing police since 1979 and concentrates his do solely in Family and Juvenile police matters. Chaser Geary is admitted to exercise before the Ohio Bar, the Federal Court for the Southern Commune of the State of Ohio and also before the U.S. Supreme Courtroom. world wide web.columbusfamilylawyer.com

Source: https://www.divorcemag.com/blog/changing-childs-last-name-in-ohio

Posted by: oliverwharned.blogspot.com