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Parents Disagree on Child’s
Surname
When a mother and father
cannot agree upon the last name to be used by their child,
the court will seek to divine the best interest of the child
in resolving the dispute.
When Kathleen Schroeder divorced from
Brent Schroeder, she elected to continue using the surname she had
used during her marriage. Her three children from that marriage also
used the surname Schroeder.
After the divorce from Brent
Schroeder, Kathleen Schroeder gave birth to another son. She named
this child Robert Schroeder, even though Robert’s father was named
Roland Broadfoot. Roland Broadfoot and Kathleen Schroeder never
married. Kathleen had legal custody of the son.
After Roland Broadfoot confirmed
his paternity of Robert through blood testing, Roland moved for a
court order to change Robert’s surname to Broadfoot. The trial court
granted this request. As related by the Court of Special Appeals:
“[The trial] court commented that, if Kathleen
had elected to resume the use of her maiden name after her divorce, it
‘would have [had] no difficulty in finding that it would be in
Robert’s best interest to keep the name he had been given at birth,’
i.e., Kathleen’s maiden name. The court then stated that
because Robert knows that Roland is his father, and the two have
bonded in a father-son relationship, ‘it is likely that Robert will be
confused as he gets older as to why he bears the surname of someone
who is not his father.’”
The Court of Special Appeals ruled
that the trial court had based its decision on facts not supported by
the evidence, and that consequently, the trial court’s ruling was
clearly erroneous and an abuse of discretion. The case was reversed
and remanded to the trial court for further consideration.
For the guidance of the trial
court, the Court of Special Appeals reviewed the standards to be used
by the trial judge in resolving the name dispute, stating:
“‘when a father and mother of a child fail to
agree at birth and continue to disagree upon the surname to be given
the child, the question is one to be determined upon the basis of the
best interest of the child.’
* * *
“A number of cases from around the country
have addressed the factors courts should consider, when relevant, in
deciding what surname will serve the best interests of the child. The
factors are: 1) the child’s reasonable preference, if the child is of
the age and maturity to express a meaningful preference; 2) the length
of time the child has used any of the surnames being considered; 3)
the effect that having one name or the other may have on the
preservation and development of the child’s mother-child and
father-child relationships; 4) the identification of the child as a
part of a family unit; 5) the embarrassment, difficulties, or
harassment that may result from the child’s use of a particular
surname; 6) misconduct by one of the child’s parents disparaging of
that parent’s surname; 7) failure of one of the child’s parents to
contribute to the child’s support or to maintain contact with the
child; and 8) the degree of community good will or respect associated
with a particular surname.”
Schroeder v. Broadfoot,
Court of Special Appeals of Maryland, No. 480, September Term, 2001
(decided February 5, 2002).
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