Before the court is a petition for change of name filed by the father to change the surname of a child from Mother’s to his birth name. Jacob Michael Brzostowski was bom on March 31,1997. His mother, Christie L. Brzostowski, and Father, Robert E. Belfanti III, were never married. An order of court was entered on August 3,1998, providing for shared legal and equal physical custody of the minor child. On April 28, 1999, Father filed his petition and reasons for change of name and Mother filed her answer and objections on May 27, 1999. A hearing was held on June 28, 1999.
“ ‘The court of common pleas of any county may by order change the name of any person resident in the county.’ 54 Pa.C.S. §702. The statutory scheme sets forth no criteria for the court to consider when exercising its discretion upon a petition for change of name. The only prohibition within the statute appears at section 705: ‘Any person violating the provisions of this chapter for purpose of avoiding payment of taxes or other debts commits a summary offense.’ ”
In a case of first impression In re Change of Name of Zachary Thomas Andrew Grimes to Zachary Thomas Andrew Grimes-Palaia, 530 Pa. 388, 609 A.2d 158 (1992) the Supreme Court noted the following:
*455 “The focus of the statute and the procedures thereunder, indicate a liberal policy regarding change of name requests. The necessity for judicial involvement centers on governmental concerns that persons not alter their
In the absence of statutory guidelines, the court opined as follows:
“Specific guidelines are difficult to establish, for the circumstances in each case will be unique, as each child has individual physical, intellectual, moral, social and spiritual needs. See generally, In re Davis, 502 Pa. 110, 465 A.2d 614 (1983). However, general considerations should include the natural bonds between parent and child, the social stigma or respect afforded a particular name within the community, and, where the child is of sufficient age, whether the child intellectually and rationally understands the significance of changing his or her name.6
*457 “Section 1.7 Registration of children bom in wedlock.
“(a) The designation of a child’s name, including surname, is the right of the child’s parents. Thus, a child’s surname as recorded on its birth certificate may be the surname of either or both of the child’s parents, a surname of the parents in hyphenated or other form, or a name which bears no relationship to the surname of either parent.” Grimes, supra at 394, 609 A.2d at 161.
In turning to the record testimony, the father and paternal grandparents testified in support of the petition and mother testified in opposition.
PATERNAL GRANDMOTHER
Cecelia Belfanti testified her son “Bobby” resides with her and her husband. She stated when “Bobby” has “Jake,” he is the primary caretaker, and he does “everything humanly possible as a father for his son.” When her son is working and he has custody, she cares for her grandson. She also agreed that the mother is a good and appropriate caretaker.
PATERNAL GRANDFATHER
Robert Belfanti II testified to the circumstances prior and subsequent to the birth of his grandson. He noted the mother resided at their home with his son during part of her pregnancy. After a period of time he noted the relationship between his son and Christie became strained and it was apparent they were not “moving towards marriage.” He believed the basis for the strain was Christie’s jealousy regarding her son’s closeness and time spent with his family. Initially, as to the future name of the child, he perceived the dispute between his son and
Subsequent to the separation, Mr. Belfanti stated he arranged three meetings between the prospective parents and maternal and paternal grandparents. These meetings were to discuss co-sponsoring a baby shower and attempts to ameliorate some of the strain, threats and anger between the prospective parents. At one of the meetings (which he claimed occurred a few weeks after Christie vacated the home), which Christie was present for all but approximately 10 minutes, he stated Christie’s mother, Robin, chastised Christie “not to use the baby” and that she (Robin) “would not allow any of the threats to be carried out.” He indicated Christie did not respond or react to her mother’s comments. Despite the attempts to utilize Christie’s parents as buffers, Mr. Belfanti claimed Christie engaged in a series of actions that were contrary to certain understandings between them. As to the baby shower, he stated rather than the guests being equally divided between the families, since the families were splitting the costs and responsibilities for the shower, “she cut our side to 50 and her side to 100.” As to distribution of the same gifts (i.e. five play-pens) he stated the Belfantis ranked fifth in the hierarchy. Also, it was his understanding the Belfantis would be advised when Christie went into labor but such did not occur,
Finally, Mr. Belfanti spoke with pride about what he characterized as the “Belfanti tradition” of being a close and involved family (camping, scouting, shuffleboard), with no history of divorce, and that the name has a high standing in the community due, in part, to his profession as a member of the Pennsylvania House of Representatives for the last 20 years, and his many acts of public service that benefitted the community. He concluded with his concern that while a child bom out of wedlock has less stigma than in the past, he still believed such children may be referred to as “illegitimate or bastards.” As to his grandson specifically, he felt Jake would have fewer questions to answer about who his dad is, or to other kids Jake encounters when he is growing up.
FATHER
Robert E. Belfanti III explained that he has custody of his son on an equal basis with the mother and “it is great to see him that much” and that he is “able to raise Jake the way I’ve been raised.” He indicated discussions regarding the child’s name occurred not too long after the pregnancy.
When asked on cross whether he considered Christie to be a friend, he preferred the appellation “acquaintance.” He admitted to drafting and delivering a three page letter to Christie about three weeks before the child was born, telling her that if she wished to communicate with him, the only way such was possible was in the presence of their parents, witnesses, or with the use of a
When asked what Christie’s attitude was when he received equal physical custody, he stated “she seemed to think of Jacob as a piece of property,” and prior to the order, “she said I was a sperm donor like her father was.”
MOTHER
Christie L. Brzostowski, the mother of Jacob, is currently a student at Bloomsburg University and is also employed part-time. Like the father, she resides with her parents and they, especially her mother, assist her with child care. Mother was initially asked about the meetings arranged with the prospective parents and grandparents subsequent to their breakup. She stated as to the second meeting, we were both there but not for the entire meeting because “I have other things to do, my sis
As to the family name of Brzostowski, she admitted that her paternal grandfather and uncle do not generally
DISCUSSION
More than 300 years ago, William Penn commented “some do as much begrudge others a good name, as they want one themselves: and perhaps that is the reason for it.” Mother’s begrudging reluctance to admit the Belfanti name is well respected was patent, and without any factual basis to the contrary. At the same time her comment that she initially never agreed to naming the child Belfanti was neither credible nor consistent with her admission that she told the priest she was undecided about a last name even after the baby was bom. Such a statement is more consistent with her using the issue of the last name as leverage, in anger, or pique, even up to the child’s
Turning to the guidelines, the first area addressed by the Supreme Court was the bond between the parent and child. While not dispositive, it is relevant to note father and mother have equal periods of time with the child. In referring to their son, Father noted it was great to see Jacob that much and raise him the way he was raised; while Mother described her son as generally a good kid— a somewhat unusual way to refer to one’s 2 1/2-year-old son. Another criteria outlined by the court is the respect afforded a particular name in a community. Given the mobility of our society over the last generation, such may have diminishing impact. Presently, both parents were
The request to wait until the child is older and let him choose, or use a hyphenated name (Belfanti-Brzostowski) while plausible on its face, is contrary to our responsibility under the law, or as noted in the Supreme Court in Grimes, may be merely an attempt to pacify both parties. When the child is how much older? Before or after he starts school? If, in the exercise of our good sense, we believe the length of time the child has used the surname is relevant, and in the case of an infant or preschool child, suggest the earlier the change, the better, and we believe 2 1/2 is obviously too young, our concern is the potential for the child to be submitted to subtle, or not so subtle, pressure by the parents or interested other, in the interim. Also, Jacob Michael Belfanti-Brzostowski has more letters (31) than the complete alphabet, may be problematic in filling out some forms, and “pacification of parents” is not the legal standard or main issue in this case.
Father’s reasons, although somewhat paternalistic and outdated, nonetheless reflect a sincere and consistent effort to have his son bear a name he and his family are proud of; a name, which does carry a good deal of community respect. Mother’s motive in maintaining the Brzostowski name is, in our view, a result of her ill will, and at times, hostility toward her child’s father, and perhaps her own birth father, both of whom she referred to as mere sperm donors, and one of which she alleged had gonorrhea. In our view, she was not credible when she denied not agreeing that initially, the child’s last name
In consideration of the foregoing we enter the following:
ORDER
And now, July 1,1999, the petition for change of name of the minor child Jacob Michael Brzostowski to Jacob Michael Belfanti, is hereby granted. Counsel for the petitioner shall insure compliance with the Act as amended in June of 1998.
“6. We note, that in Pennsylvania there exists no legal requirement that a child bear the surname of either parent. Title 28 of the Pennsylvania Code provides:
. While not tesified to directly, it was apparent the mother had testing which revealed the sex of the child at some point during the pregnancy.
. His father admitted he counseled and encouraged his son to take such precautions.
. It was brought out that the mother was adopted. We are uncertain when she learned of same.
