In re Willhite, 85 Ohio St.

3d 28, 32 (Ohio 1999)

Judicial History The Court of Appeals for Hamilton County upheld the trial courts decision to deny Williams application to change the minor daughters surname to a hyphenated surname combining the mothers and the fathers surnames.

Facts Williams and Willhite married in 1990 and had a daughter, Elli Christine Willhite, in 1993. They divorced in 1995 and maintained a shared parenting plan. In 1996, Williams filed an application with the state requesting that her last name be added to the minor childs surname, making her name Elli Christine Williams-Willhite. Williams opposed the name change and a hearing for the name change was held. In 1997, the trial court denied the application and Williams appealed. The appeals court upheld, and Williams appealed to the Supreme Court.

Issue Did the trial court and the appeals court err in denying Williams application? a) What factors must the court consider when determining the best interest of the child with respect to surnames?

Rules Bobo v. Jewell (1988), 38 Ohio St. 3d 330, 528 N.E.2d 180, 1988 Ohio LEXIS 297: Pursuant to R.C. 3111.13(C), a court of common pleas may determine the surname by which the child shall be known after establishment of the existence of the parent and child relationship, and a showing that the name determination is in the best interest of the child. In re Change of Name of Andrews, 235 Neb. 170 (1990): Whether a change in a minor's surname is in the best interests of the child may depend on several factors, such as (1) misconduct by one of the child's parents, (2) a parent's failure to support the child, (3) parental failure to maintain contact with the child, (4) the length of time that a surname has been used for or by the child, and (5) whether the child's surname is different from the surname of the child's custodial parent.

Ohio Rev. Code Ann. 2717.01(A): Upon proof that proper notice was given and that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant, the court may order the change of name. Ohio Rev Code Ann. 2717.01(B): An application for change of name may be made on behalf of a minor by either of the minors parents, a legal guardian, or a guardian ad litem.

Analysis When deciding whether or not to allow a parental application to change a minors surname, the standard which must be met is proof that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant." R.C. 2717.01(A). Further, the court must determine if the cause shown is in the best interests of the child. The court uses wide discretion when determining whether or not a name change would be beneficial for the child. In addition to those outlined in Andrews, the following factors should also be considered by the court: The length of time that the child has used a surname, the effect of a name change on the father-child relationship and on the mother-child relationship, the identification of the child as part of a family unit, the embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parent's, the preference of the child if the child is of an age and maturity to express a meaningful preference, and any other factor relevant to the child's best interest. In re Change of Name of Andrews, 235 Neb. 170 (1990); Bobo v. Jewell (1988), 38 Ohio St. 3d 330, 528 N.E.2d 180, 1988 Ohio LEXIS 297. Williams wanted to add her surname to her daughters so that the minor child could affiliate with both parents and have a stronger sense of security and identity. Having a combined surname would also help the minor child avoid confusion and/or embarrassment regarding legal or medical issues, at school, at social activities, and within the community. These reasons established reasonable and proper cause for changing the minors name, and was found to be in the childs best interest.

Conclusion The Supreme Court of Ohio finds that the trial court and the appellate court erred when they denied Williams application to change her daughters last name. The appellate courts judgment was reversed and cause was remanded.