Facts: Mother and Father are the never-married parents of Child. Father petitioned the juvenile court to establish parentage and a parenting plan and to change the Child’s surname from the Mother’s last name to the Father’s last name. Parentage was established after a DNA test, and the parents agreed to an equal-time parenting plan. The case went to trial on the issue of Child’s last name. Father argued Child’s last name should be changed to that of Father’s because Father’s last name is respected and notable in the community. Paternal Grandmother is a local Chamber of Commerce leader with a long history of community involvement. Paternal Grandfather is an avid volunteer in the local community, a deacon in his church, and served honorably in the military. Father also argued that when a child does not have their father’s last name, the community assumes the father is not involved in the child’s life. Mother testified that Child has a half-sibling who also has Mother’s last name and that Child and their half-sibling will go to the same school. She argued it would cause confusion and embarrassment if Child did not share their half-sibling’s surname. She argued Father’s testimony reflected his own concern as to how he would be viewed as a parent if Child did not have his surname. The trial court found Father proved it was in Child’s best interest to change Child’s surname from Mother’s to Father’s. Mother appealed. On Appeal: The Court of Appeals reversed the trial court. Unless both parents agree otherwise, when a child is born to unmarried parents, the last name on the birth certificate is the mother’s. Anyone who petitions the court to change the child’s surname, including a biological parent, must prove the change “promotes the child’s best interests.” Tennessee courts must consider these nonexclusive factors in determining the child’s best interest in the context of a petition for a name change: The amount of proof required to justify a name change is substantial. Minor inconvenience or embarrassment is not enough. A parent’s preference that he child’s surname be changed is not enough to justify the name change, and the preference is not evidence that a name change is in the child’s best interest. Tennessee law does not presume that a child should bear their father’s surname. Rather, the party asking for the name to change must present evidence to show the required change would be more beneficial than the original name. The Court found Father did not satisfy his burden of proof: Clearly, both families are long-time residents of Middle Tennessee, and both families are upstanding and involved members of the community. … Nothing in the record indicates that either surname would cause the child difficulty, harassment, or embarrassment. The record does not suggest that Father has benefited from his surname in an identifiable way or that it is more well-respected than Mother’s. Father’s statements that the child should bear his surname so that it will be apparent to the community that Father is involved in the child’s life is not persuasive. These statements bear more on Father’s (and his parents’) personal opinions related to their perception of cultural traditions with respect to an “active father.” They do not bear on the child’s best interest. Accordingly, this testimony did not operate to shift the burden of proof to Mother. … Although Father failed to meet his burden of proof to show that a change of surname would be in the child’s best interest, it is apparent that no matter the child’s last name, Father will be perceived as an actively involved father by virtue of his participation in the child’s life. The Court reversed the trial court’s decision to change Child’s last name. Source: Ferguson v. Traughber (Tennessee Court of Appeals, Middle Section, July 2, 2024). If you find this helpful, please share it using the buttons below.
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Change of Child’s Last Name Reversed in Springfield, Tennessee: Ferguson v. Traughber was last modified: July 7th, 2024 by
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