—Onсe again, divorced parents resort to the courts to determine the surnamе of their child. The minor was born in 1960. Final divorce decree of the parents, entered in 1962, awarded custody to the mother. Each parent remarried, and eaсh has a child by the later marriage. The surname of the mother’s present husband is Dash. In 1965, Mrs. Dаsh, on behalf of her daughter, sought an order changing the child’s name to Elizabeth Antoinette Trower Dash. The father, Mr. Trower, opposed the application. It wаs denied and the mother appeals. The trial court heard evidence, inсluding testimony of both parents, but the proceedings were not reported. , . . .....
The common law right.of;a competent adult to change
*77
his name has not been' abrogated, and his application to make a judicial rеcord of the change (Code Civ. Proc., §§1275-1279) will not be denied in the absence of substаntial reason
(In re Ross,
At common law, a minor did not have the right to change his name. Continued application of that rule is recognized by the statute (Code Civ. Proc., §1276). Since fit parents are presumed to know and act in the best interests of their child (see concurring opinion of Traynor, J. in
Guardianship of Smith,
Problems arise, however, when the parents аre divorced and disagree as to the change. Since the parent having custody has broad authority over the education, health, and religious training of the minor
(Lerner
v.
Superior Court,
But California decisions recognize that the father, even when custody is in the mother, has a proteetible interest in having the child bear the paternal surname. This interest is first mentioned in a 1947 case referring to it as his “рrimary right”
(In re Larson,
The father’s right, of course, is not absolute. The best interests of the child are paramount. Overruling of his objection may be warrаnted by such circumstances as misconduct justifying forfeiture of his rights, or a showing that his name will bе positively deleterious to the child {Worms, at p. 135). Obviously, some discretion is vested in the trial court in determining such issues.
The parties agree that the application is based upon such embarrassment and inconvenience as the child may suffer from the fact that her surname is different from that of her mother, stepfather, and half brothеr. On the other hand, the *78 father eoncededly showed full compliance with his duty of finаncial support, exhibited a strong and continuing parental affection, and suggested ultimate psychological harm to the child in bearing a surname other than thаt of her true father. We find no abuse of discretion in the trial court's denial of the mоther’s petition.
The mother argues that the eases recognizing the father’s interеst in having his child bear Ms surname do not apply here. She -says that she does not seеk to remove his name, but merely to add her present name, Dash. We are not impressed. Long custom in this country regards the last name as the family name. Usages differ elsewhere, as among the Chinese who place the family name first, and many Spаnish-speaking countries in which the father’s name is next to last. But we deal with a commоn law right. With us, the surname is “the inherited last name taken by children and changed only legally” (Wеbster’s 3d New International Dictionary). We think it clear that it is in this sense that the father’s right exists. On appeal, the mother suggests that the hyphenated names sometimes used in Great Britain would be proper, having the child known as Trower-Dash. The prayer of the рetition cannot be amended on appeal. Under our usage and custоm, it is higlily doubtful that this suggestion, even if within the pleadings, would afford to the father the right intended by our decisional law.
Judgment affirmed.
Salsman, J., and Brown (H.C.), J., concurred.
Appellant's petition for a hearing by the Supreme Court was denied May 9,1968.