in the Interest of H.S.B., a Child
2011 Tex. App. LEXIS 1474
| Tex. App. | 2011Background
- Brittain appeals a trial court order adjudicating parentage and changing the child’s surname from Brittain to Chalifoux.
- The court found that changing the surname to Chalifoux would be in the child’s best interest and that there was good cause for the change.
- Brittain and Chalifoux, non-marital parents, conceived H.S.B. and Brittain gave the child her surname at birth.
- Parties mediated and agreed on joint managing conservatorship with Brittain designating residence and Chalifoux visitation and support; surname remained in dispute.
- At a bench trial, Chalifoux advocated for the surname change citing tradition and best interests; Brittain argued against to preserve family consistency and avoid social issues for the child.
- On May 3, 2010, the trial court ordered the surname changed to Chalifoux; Brittain appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May tradition be sole basis for name change? | Brittain argues tradition evidence was improperly controlling. | Chalifoux contends tradition supports name change as part of best interest. | Tradition may be considered but cannot alone justify the change. |
| Is the evidence legally sufficient that a name change is in the child’s best interest? | Brittain contends the evidence does not show best interest. | Chalifoux asserts the evidence demonstrates best interest. | Evidence is legally insufficient to support a best-interest finding. |
| Was there good cause for the name change? | Brittain argues there is no showing of good cause independent of best interest. | Chalifoux contends good cause is shown by best-interest considerations. | Good cause not shown independently; failure to prove good cause. |
Key Cases Cited
- In re Guthrie, 45 S.W.3d 719 (Tex. App.—Dallas 2001) (tradition may inform best interest but cannot override it)
- In re S.M.V., 287 S.W.3d 435 (Tex. App.—Dallas 2009) (best interest and abuse of discretion standards in name changes)
- In re M.C.F., 121 S.W.3d 891 (Tex. App.—Fort Worth 2003) (no abuse where insufficient support for change; two-step scrutiny)
- In re J.K., 922 S.W.2d 220 (Tex. App.—San Antonio 1996) (change of name requires showing detriment to child where beneficial)
- Newman v. King, 433 S.W.2d 420 (Tex. 1968) (best interest as central standard in name-change matters)
- Gubernat v. Deremer, 657 A.2d 856 (N.J. 1995) (historical rationales for surname traditions examined; gender neutrality context)