2011 Ohio 3424
Ohio Ct. App.2011Background
- Father sought to change Logan's surname from Rolfe to Skeens; Logan's residence and parental roles are at issue.
- Logan was born July 2010; Mother initially gave Logan her maiden name; parents were married but separated and later divorced.
- Father filed application on October 26, 2010 under R.C. 2717.01 to change the surname; he claimed tradition and paternal connection.
- Trial court held a hearing December 15, 2010; Father testified that the change would strengthen his relationship with Logan.
- Trial court denied the change on December 16, 2010, finding Father failed to demonstrate Logan's best interests.
- On appeal, Father argues the court did not properly consider the effect on father–child relationship; appellate standard is abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion in denying the name change | Skeens contends change serves Logan's best interests and strengthens paternal bond | Willhite factors show no best interest support for changing name; Mother is residential parent | No abuse; denial affirmed |
Key Cases Cited
- Willhite, 85 Ohio St.3d 28 (1999) (best-interest factors for minor name changes)
- Bobo v. Jewell, 38 Ohio St.3d 330 (1988) (do not privilege the father's interest; consider multiple factors)
- Jones v. Smith, 2010-Ohio-4461 (Ohio) (abuse-of-discretion standard in name-change appeals)
- In re Change of Name of Simers, 2007-Ohio-3232 (Washington App.) (context of best-interest evaluation in name changes)