T.W. v. D.A., 127 A.3d 826

Father appeals a name-change denial in a petition concerning his minor son, who is three years old.
The child resides with both parents under shared legal and physical custody.
Father sought to change the child’s surname to his own or hyphenate with both parents’ surnames.
The trial court denied the petition, finding Father failed to prove the change was in the child’s best interests.
Father also sought reconsideration; the court denied reconsideration and the appeal regarding reconsideration is itself not reviewable.
This Court affirmed the denial of the name change and quashed the cross-appeal regarding reconsideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the name-change denied under an abuse of discretion?	Father contends the change aligns with the child’s best interests and preserves his surname.	Mother and the court reasoned the change would not advance the child’s best interests and sought to preserve the current surname.	No abuse of discretion; best interests not shown.
Did the trial court properly weigh natural bonds and community regard for the name?	Father argues equal custody and his community ties support the change.	Court found Father’s bonds neutralized by lack of evidence the change benefits the child; credibility findings favor denial.	Court did not abuse discretion; factors neutral or unfavorable to change.
Was there clear error in disregarding hostility as a motive via Mother's conduct?	Mother’s hostility toward Father justifies the change.	Court credibility findings did not credit hostility as a driving factor for a name change.	No reversible error; credibility findings support denial.
Was reconsideration appropriate or should the record be further developed?	Reconsideration could create a fuller record before adjudicating the welfare of the child.	Reconsideration is not reviewable on appeal; no duty to create a fuller record via reconsideration.	Reconsideration not reviewable; appeal regarding reconsideration quashed.

Grimes v. Grimes, 609 A.2d 158 (Pa. 1992) (best interests standard governs name-change petitions)
Falcucci, 50 A.2d 200 (Pa. 1947) (court discretion be exercised with fairness and decency)
In re C.R.C., 819 A.2d 558 (Pa. Super. 2003) (burden on petitioner to show change is in child’s best interest)
Moore v. Moore, 634 A.2d 163 (Pa. 1993) (duty to create fullest record in custody actions; not directly reviewable on reconsideration)
Petition of Falcucci, 50 A.2d 200 (Pa. 1947) (general considerations for best interests in name changes)
Doran v. Doran, 820 A.2d 1279 (Pa. Super. 2003) (appellate review deferential to trial court findings)