In re CRC

Citation819 A.2d 558,2003 Pa. Super. 91
PartiesIn re: Name Change of C.R.C., A Minor Child. Appeal of: B.R.
Decision Date10 March 2003
CourtSuperior Court of Pennsylvania

Randi W. Dincher, Williamsport, for appellant.

Julie M. Pentico, Williamsport, for appellee.

Before: JOHNSON, LALLY-GREEN and POPOVICH, JJ.

POPOVICH, J.

¶ 1 This case is an appeal from the order entered on April 17, 2002, in the Court of Common Pleas of Lycoming County, granting the petition of W.A.R. to change the surname of his minor child, C.R.C., to W.A.R.'s surname. Upon review, we reverse.

¶ 2 The relevant facts and procedural history are as follows: W.A.R. (Father) and B.R. (Mother) were married on June 3, 2000, and separated in May of 2001. At the time of the parties' separation, Mother was pregnant. On December 13, 2001, Mother gave birth to a son, C.R.C.1 At trial, Mother claimed that prior to C.R.C.'s birth, she told Father that she was going to list C.R.C.'s surname as her maiden surname because Father was unwilling to add C.R.C. to his health insurance. Mother restated her intentions to Father during Father's hospital visit immediately following C.R.C.'s birth, but Father objected at that time by stating that the parties remained married and because Mother continued to use Father's surname, C.R.C.'s surname should be Father's surname. Following this argument, Mother listed C.R.C.'s surname as her maiden surname on the child's birth certificate. Father visited the hospital a second time during Mother and C.R.C.'s stay, whereupon, Mother indicated to Father that she would initiate further contact in order to arrange further visitation between Father and C.R.C. After being released from the hospital, Mother took physical custody of C.R.C. Father testified that he had no means initially to contact Mother regarding visitation with C.R.C. other than her work number because he did not possess Mother's unlisted phone number and address or the unlisted phone numbers or addresses of her family.

¶ 3 Father did not see C.R.C. again until approximately one month after C.R.C. left the hospital, when Mother brought C.R.C. to Father's place of employment after C.R.C.'s first check-up. Mother testified that she wanted Father to contact her at work after she returned to work following maternity leave if Father wanted to make arrangements to see C.R.C. Mother was uncomfortable in Father's presence and did not want Father to contact her or attempt to visit C.R.C. at her home. Father testified that he did not like to call Mother at work regarding C.R.C. because he did not wish to involve her co-workers in their personal business.

¶ 4 Father made various offers to Mother for assistance of expenses related to C.R.C.'s upbringing, but Mother refused Father's aid. Thereafter, on February 19, 2002, Father filed a Petition for Change of Name of C.R.C. In the petition, Father claimed that he and Mother shared the same surname, no divorce action was pending between them and that Mother made no attempt to consult with Father before providing C.R.C. with her maiden surname. See Petition for Change of Name, 2/19/2002, at 1-2. Mother filed her Answer on February 26, 2002. Mother's Answer indicated that a divorce action had been filed and that she stated to Father prior to C.R.C.'s birth that C.R.C.'s surname would be her maiden surname and that Father did not object at that time. See Answer to Petition for Change of Name, 2/26/2002, at 1.

¶ 5 A hearing was held on April 3, 2002, in the Court of Common Pleas of Lycoming County. Following the hearing, the trial court granted Father's Petition and ordered that C.R.C.'s surname be changed to Father's surname. Mother filed a timely Notice of Appeal to this Court on April 18, 2002. The trial court ordered Mother to file a Concise Statement of Matters Complained of on Appeal pursuant to Pa. R.A.P.1925(b). Mother complied with the order and filed the Pa.R.A.P.1925(b) Statement. The trial court did not author a new Pa.R.A.P.1925(a) Opinion but, instead, relied upon its findings at the hearing.

¶ 6 Mother presents the following two questions for our review:

I. Was it an abuse of discretion for the trial court to grant Father's petition for Change of Name where the evidence was insufficient to support the decision?

II. Was the trial court's decision unconstitutional where it failed to consider the Mother-Child relationship and followed the tradition of patrilineal naming?

Mother's brief, at 4.

¶ 7 We first note our standard of review. In the case of In Re: Schidlmeier, 344 Pa.Super. 562, 496 A.2d 1249, 1253 (1985), we held, "[t]he child's best interests unquestionably must control [the trial court's discretion] in a proceeding to change a minor's surname." Further, the party petitioning for the minor child's change of name has the burden of coming forward with evidence that the name change requested would be in the child's best interest, and that 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 child's best interest. See In Re: Montenegro, 365 Pa.Super. 98, 528 A.2d 1381, 1382-1383 (1987) (citing Schidlmeier, 496 A.2d at 1253). In that evaluation, neither parent is to be accorded a presumption. Id., 528 A.2d at 1382-1383.

¶ 8 Our Supreme Court adopted the "best interests of the child" standard of review in appeals from the grant of a petition for change of name of a minor child by a non-custodial parent in In Re: Grimes, 530 Pa. 388, 609 A.2d 158 (1992). In Grimes, our Supreme Court noted:

Specific guidelines [for a child's best interests] 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.

Grimes, at 394, 609 A.2d at 161 (citations

and footnotes omitted) (emphasis added).2

¶ 9 We described the "best interest of the child standard" in Sawko v. Sawko, 425 Pa.Super. 450, 625 A.2d 692 (1993), as follows:

The "best interests [of the child]" standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child's physical, intellectual, moral and spiritual well-being. On appeal, our scope of review is broad in that we are not bound by deductions and inferences drawn by the trial court from the facts found, nor are we required to accept findings which are wholly without support in the record. On the other hand, our broad scope of review does not authorize us to nullify the fact-finding function of the trial court in order to substitute our judgment for that of the trial court. Rather, we are bound by findings supported in the record, and may reject conclusions drawn by the trial court only if they involve an error of law, or are unreasonable in light of the sustainable findings of the trial court.

Sawko, 625 A.2d at 693.

¶ 10 Mother argues first that the trial court abused its discretion because the evidence was insufficient to support the trial court's conclusion that the name change was appropriate. A review of the record indicates that the trial court found that the change of C.R.C.'s surname to Father's surname was necessary to aid in the growth of a bond between Father and C.R.C. The trial court found that Mother interfered with the relationship between Father and C.R.C., despite Father's efforts to bond with his child. N.T. Trial, 4/2/2002, at 78-79. The trial court also found that Mother's decision to provide C.R.C. with Mother's maiden surname would create a rift between Father and C.R.C. because Mother might in the future marry another man and take his surname. Id. at 82. Further, the court expressed concern that C.R.C. would form bitter feelings against Father because his Mother named him differently in retribution for a disagreement between them, and C.R.C. would face approbation in the community as a child born out of wedlock because he bore his mother's maiden name. Id. at 80-81. The trial court found finally that Mother and Father remained married at the time of the hearing, Mother did not petition for legal custody and retained Father's surname at that time. After stating these findings, the trial court ruled that the best interests of C.R.C. required that C.R.C.'s surname be changed to Father's surname. Id. at 82-83.

¶ 11 After a thorough review of the record, we find that the trial court abused its discretion when it granted Father's petition. Mother contends that our holding in In Re: Schidlmeier, 496 A.2d at 1254, mandates that we reverse the grant of Father's petition. In Schidlmeier, a child, Jessica, was born to Paul Koslof and Dona Schidlmeier after the two had separated but remained married. Schidlmeier, 496 A.2d at 1251. Schidlmeier used Koslof's surname before the separation but began to use her birth name, Schidlmeier, after the separation. Id., 496 A.2d at 1251. Accordingly, when Jessica was born, Schidlmeier chose her maiden surname for the child. Id., 496 A.2d at 1251. Approximately 18 months later, Koslof filed a petition to change Jessica's surname to Koslof. Id., 496 A.2d at 1251. The trial court granted Koslof's petition, and Schidlmeier appealed. On appeal, we found that Koslof failed to meet his burden of demonstrating that the name change was in Jessica's best interests. Id., 496 A.2d at 1253. We held that Koslof's mere allegation that the name change was in Jessica's best interests, without more, failed to meet Koslof's burden. Id., 496 A.2d at 1253-1254. We further held that the trial court's rationale that the tradition and...

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