Problems on
Changing a Child’s Name:
Mary
Matrial gave birth to a son, Michael Edward Matrial on October 11, 1992, in
Kansas. Frank Paterson, Michael’s father, was not married to Mary at the time
of the child’s birth. When
Michael was born, Mary named the child using her surname and left blank the
designation for the Frank's name, because she says that Frank did not want the
child. Frank was not present when
the child was born, though he did come pick up Mary and the child from the
hospital when the child was two days old.
Mary and Frank continued their relationship "off and on," and they
moved in together in 1994. They were married on November 22, 1996. Mary retained her own surname and the
couple did not change Michael’s surname to Paterson. Prior to Michael's enrollment in kindergarten, the parents
discussed changing the child's name to that of his father's and obtained the
required forms from Kansas. The forms hung on a nail on the wall in their
dining room and were never completed.
Their marriage was dissolved in 2000. Frank has not requested primary physical custody, conceding
that Michael would be better off in Mary’s home; however, he has requested that
the court change Michael’s last name to that of his own, arguing that this will
strengthen his son’s relationship with him.
Likely
result?
Hayes
v. Parsons (In re Hayes), 12 S.W.3d 767 (Mo. App. S.D. 2000)).
On
January 3, 1998, Martha Mawson had a daughter out of wedlock and named her Jane
Mawson. Martha brought a
successful paternity action against Fernando Dadd when Jane was two months old
and Fernando was ordered to pay child support, which he did, and was given
visitation, which he exercised infrequently.
On June
20, 1999, Martha married Sam Newman.
She changed her own name to Martha Mawson Newman and used her maiden name
as a middle name. Fernando began
to see Jane more regularly, in part because Martha insisted he take Jane so
that Sam and she would have more time together.
On March
10, 2000, Fernando petitioned the court to lower his child support to reflect
the greater amount of time he was spending with Jane and the greater income
Martha had now that she had remarried.
He also asked that the court change Jane’s last name to Dadd. Martha opposed the petition, saying she
was never married to Fernando and didn’t feel it would be good for Jane, but
not elaborating.
Likely
result?
(see, R.W.B.
v. T.W., 23 S.W.3d 266 (Mo. App. S.D. 2000)).