2019 Ohio 5182
Ohio Ct. App.2019Background:
- Child born April 1, 2014 to unmarried parents; child given mother's maiden name (M); paternity established in 2015.
- Mother married in December 2016 and filed (May 18, 2018) to change the child’s surname from M to her married name Y to match the family.
- Father objected; evidentiary hearing held January 25, 2019. Father had waived parenting time, provided financial support, and had minimal/no contact with the child.
- Father opposed the name change unless accompanied by a stepparent adoption, arguing a name change without adoption would mislead the public and not serve the child’s best interest.
- Mother testified she and the child are bonded, the child uses the mother’s married surname at school and knows the husband as “Dad,” and she was not pursuing adoption at this time.
- Trial court found reasonable and proper cause and that the change was in the child’s best interest; probate court granted the change. Father appealed; the appellate court affirmed.
Issues:
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether the probate court abused its discretion / acted against the manifest weight of the evidence in granting mother’s application to change the minor’s surname | The court erred; name change without stepparent adoption is improper, deceives the public, and is not in child’s best interest given father’s parental rights and support role | Name change is in the child’s best interest: child is bonded to mother and family, uses mother’s married name at school, father has no relationship or contact | Affirmed. Court considered Willhite factors, found competent, credible evidence supporting best‑interest determination; decision not unreasonable, arbitrary, or unconscionable |
Key Cases Cited
- In re Willhite, 85 Ohio St.3d 29 (Ohio 1999) (probate court must find reasonable and proper cause and consider child’s best interest factors for a name change)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition and scope of abuse of discretion standard)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (appellate review of civil findings: judgment will not be reversed if supported by some competent, credible evidence)