When I prepare my blogs, I always look for interesting cases.  I recently found this name change case of interest not only because as I regularly file name change petitions for my clients, but I am also very familiar with a situation when a child or a mother or father on behalf of the child wants a name change; but the other parent is not consenting to it. This case also points to a trend not only in the law but in society at large, regarding changing gender roles and how perceptions.  You cannot assume or take anything for granted any longer.  There was a recent case in Suffolk Family Court, whereby a court granted a petition for permission to change a daughter’s surname to her mother’s current married name from the father’s name, even though the father paid support, saw the child, and fought adamantly against it.  The court granted the Petition, analyzing caselaw that favored the use of the father’s surname over the mother’s surname.  In discussing prior cases, the court determined that such favoritism reflects an impermissible gender bias, noting that the ultimate factor in this case is the child’s wellbeing (In the matter of Application of DZ, decided on August 30).  The factors that the court considered were the child was upset because her name was different from that of her mother and siblings, as the mother had remarried. 

            In years past, this fact alone would not have been enough. The court would look to whether the father or mother  was fulfilling his or her role as a parent by paying support and seeing the child. If he was doing either, the chances of being successful in a name child for a minor child was very low.  Today, however, such is not necessarily the case. There is a paradigm shift regarding gender practices and traditions.  This is something to consider if you want to change your child’s name, specifically for those with blended families.  This case will make it easier to open a door that had previously remained closed.  If you are considering a name change, contact the DePalo Law Firm. We will consult with you listen to the particular circumstances of your case and advise y as to whether or not it looks as if name change is feasible; even if the father or mother is not consenting.