T.D. v. C.F. CA4/1

Filed 7/26/22 T.D. v. C.F. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

T.D., D079554

Respondent,

v. (Super. Ct. No. 18FL001514N)

C.F.,

Appellant.

APPEAL from an order of the Superior Court of San Diego County, William Y. Wood, Judge. Reversed. A. Stephen Rocha for Appellant. No appearance for Respondent.

C.F. (Father) appeals the order denying his second request to change the surname of his minor child (Minor) from that of Minor’s mother, T.D. (Mother), to that of Father. The family court denied the second request on the ground the denial of the first one was res judicata. We reverse.

BACKGROUND Father and Mother were not married when Minor was born in November 2014 and given Mother’s surname. Mother filed a proceeding under the Uniform Parentage Act (UPA; Fam. Code, § 7600 et seq.) to establish Father’s paternity. A judgment was entered in November 2016 establishing paternity and granting custody to Mother and visitation to Father. In March 2018, Father filed a request for an order modifying custody and visitation and changing Minor’s surname to Father’s. Father was then living in North Carolina and Mother in California. Father requested joint legal custody and more visitation, including overnight visits and visits outside California, so that Minor could spend more time with Father and his extended family. He requested the name change to strengthen his relationship with Minor. Mother opposed the requested modifications to custody and visitation and the requested name change. The family court (Hon. Kelly C. Mok) granted Father increased visitation, but denied his requests for joint legal custody and name change. As to the request to change Minor’s surname, the court minutes state: “The Court denies the request for a name change at this time. This Court is looking for consistent contact and involvement with the child. [Father] may file a motion once he can show the Court that he is doing this.” In June 2019, Father filed a second request for an order modifying custody and visitation and changing Minor’s surname to Father’s. Father was still living in North Carolina but had begun working for a major airline and therefore could and did fly to California to visit Minor more frequently. He again requested joint legal custody, increased visitation, and the name change. Mother opposed any change in legal custody, agreed to increased