In Re Marriage of McManamy & Templeton

[609]

Opinion

EPSTEIN, J.

In this action for dissolution of the marriage between Anne Templeton and John McManamy, Anne Templeton appeals from the order of the trial court changing the surname of the parties’ daughter from Templeton to McManamy-Templeton. We find no evidence that the name change was in the best interests of the child and therefore reverse the order.

Factual and Procedural Summary

Anne Templeton (mother) and John McManamy (father) were married on October 10, 1987. Their daughter, Kate, was born on April 6, 1988. On Kate’s birth certificate, “McManamy” is listed as her middle name, and “Templeton” is listed as her surname, in accordance with the worksheet prepared by Kate’s mother.

Templeton was not mother’s birth name, but the surname from her prior marriage, which she continued to use after her marriage to John McManamy. She had a son from that prior marriage, whose surname is also Templeton.

Mother and father separated on August 4, 1989. At the mandatory settlement conference in the subsequent dissolution of marriage action, after all other issues were resolved, father sought to have Kate’s name changed to “McManamy-Templeton.” Mother opposed this change.

The parties submitted declarations in support of their positions, the court heard argument, then took the matter under submission. Two days later the court issued the following order: “The minor child of the parties, now known as Kate McManamy Templeton, bom April 6, 1988, shall henceforth have the legal surname McManamy-Templeton. The parties shall cooperate in executing all documents to effectuate this change. Abbreviation of this name by Kate in school (as long as portions of the hyphenated name are included) to the extent use of the full name becomes unwieldy will not be deemed a violation of this order.” Mother appeals from this order.

Discussion

It is now settled in California that “the sole consideration when parents contest a surname should be the child’s best interest.”

(In re Marriage of Schiffman