In re Change of Name of E.C.G.
194 Ohio App. 3d 385
| Ohio Ct. App. | 2011Background
- C. C. sought to change her minor son Emmett E.C.G.’s surname to include her maiden name in a hyphenated fashion.
- Emmett is approximately five years and four months old, attends preschool, and has learned to spell his current surname.
- The child was about to start kindergarten; he identifies with his existing name at school.
- Parents were married in 1994, divorced in 2008, and share parenting; C. C. restored her maiden name.
- The trial court held a hearing in July 2010 and denied the petition, issuing a judgment entry.
- Appellant argues the court erred by considering unrelated factors and by not applying Willhite’s best-interest framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abuse of discretion from improper factors | C. C. argues Willhite factors were not properly applied because the court considered non-pertinent factors. | G. contends the court may consider age-related context and related facts as part of best interests. | No abuse; proper best-interest analysis was applied. |
| Proper application of best-interest standard (Willhite) | C. C. asserts the court misapplied Willhite and did not follow controlling standards. | G. asserts Willhite factors were considered and applied to the record. | Court correctly applied Willhite and did not abuse discretion. |
Key Cases Cited
- In re Willhite, 85 Ohio St.3d 28 (Ohio 1999) (establishes best-interest standard for minor-name changes)
- Bobo v. Jewell, 38 Ohio St.3d 330 (Ohio 1988) (provides framework for name-change decisions)
- Jarrells v. Epperson, 115 Ohio App.3d 69 (Ohio App. 1996) (abuse of discretion standard for review)
- In re Change of Name of Simers, 2007-Ohio-3232 (Ohio App. 2007) (discusses best-interest factors for minor name changes)
- In re Change of Name of Dotson, 2005-Ohio-367 (Ohio App. 2005) (applies Willhite framework to name-change petitions)