Virginia Name Change Best Interest Child Lawyers Attorneys

Virginia Name Change Best Interest Child Lawyers Attorneys

by

Atchuthan Sriskandarajah

In re Change of Name of Dustin Robert Sticke

CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA

July 25, 1986

Facts:

The father is twenty-one and the mother twenty. They were married in May, 1983, separated in October, 1983, while the child was en ventre sa mere and divorced October, 1984, after the birth of the child in March, 1984. The divorce decree ratified and incorporated a separation agreement, which granted the father visitation rights and required of him cash child support payments and payment of one-half of medical expenses. Petitioner mother filed an application under Va. Code Ann. 8.01-217 to change the surname of her child with respondent father to the mother’s maiden name. As reasons for the change of name the mother testified the defendant had given himself a bad name, that the child should have her name as he lives with her and she will be putting him through school.

Issue:

Is there best interest of the child existing while allowing the application for change of surname of child?

The Court held that the reasons asserted by the mother for the change of name are too insubstantial to warrant it. The evidence shows the father is much attached to the

child

and has not abandoned it physically or financially. Against obstacles thrown in his way he has made reasonable effort to exercise his visitation rights and while in arrears in the serious matter of supporting his infant son this is in part due to the refusal of the mother at times to accept proffered support. This last item gives the appearance nearly that she was calculatedly endeavoring to create grounds for the change of name. Important as well is the fact that the father, though not wholly exemplary, suffers some from the wildness and instability of youth, which well may pass. On the whole he is as good a parent as many and better than some, especially among those who find themselves separated from their children through divorce and loss of custody. Bitterness of the mother against the father seems to be a substantial factor in motivating her application.

Extreme alienation of the parents from one another is no basis for changing a child’s name.

The court further held that: (1) statute mandated that in the case of a minor, a court had to change the name unless the evidence showed that the change of name was not in the best interest of the minor; (2) the determination of whether to change the name had to be made on the basis of the best interest of the child, and the burden of proof on the foregoing requirement lay with the applicant for the name change; and (3) the reasons asserted by the mother for the change of name were too insubstantial to warrant it.

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in

Virginia

, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy

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