### J-A23042-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 PETITION FOR CHANGE OF NAME OF: : IN THE SUPERIOR COURT OF A.M.S., A MINOR : PENNSYLVANIA : : APPEAL OF: A.C.D. : No. 1632 WDA 2014

Appeal from the Order Dated September 9, 2014 In the Court of Common Pleas of Lawrence County Orphans’ Court at No(s): No. 10220 of 2014, C.A. BEFORE: GANTMAN, P.J., LAZARUS, J., AND MUSMANNO, J. MEMORANDUM BY GANTMAN, P.J.: FILED OCTOBER 26, 2015 Appellant, A.C.D. (“Father”), appeals from the order entered in the Lawrence County Court of Common Pleas, denying his petition for change of name of A.M.S., a minor. We affirm. In its opinion, the trial court fully and correctly sets forth the relevant facts and procedural history of this case. 1 

### Therefore, we have no reason to restate them. Father raises the following issue for our review: THE COURT ERRED IN CONCLUDING THAT FATHER HAD NOT MET HIS BURDEN OF PROVING THAT THE NAME CHANGE WAS IN THE BEST INTEREST OF [A.M.S.] (Father’s Brief at 5).

1 

### The court denied Father’s petition for change of name on September 9, 2014. Father timely filed a notice of appeal on October 7, 2014. On October 16, 2014, the court ordered Father to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Father timely complied on November 6, 2014.

### J-A23042-15

- 2 -

This Court has stated: The appellate standard of review involving a petition for change of name, regardless of the age of the petitioner, is whether or not there was an abuse of discretion. When considering a petition to change the name of a minor child, the best interest of the child should be the standard by which a trial court exercises its discretion. This Court has further held: [T]he party petitioning for the minor child’s change of name has the burden of coming forward with evidence that the name change requested would be in the child’s best interest, and that where a petition to change a child’s name is contested, the court must carefully evaluate all of the relevant factual circumstances to determine if the petitioning parent has established that the change is in the child's best interest. In re E.M.L., 19 A.3d 1068, 1069 (Pa.Super. 2011) (internal citations omitted). After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable John W. Hodge, we conclude Father’s issue merits no relief. The trial court opinion comprehensively discusses and properly disposes of the question presented. (See Trial Court Opinion, filed September 9, 2014, at 2-5) (finding: both parties presented themselves as wonderful and capable parents who have strong support systems and respectable families in community; based upon positive attributes of Mother and Father, court cannot conclude Father met his burden to prove name change is in A.M.S.’s best interest; A.M.S. is still very young, and if he should choose to change or modify his name when he

### J-A23042-15

- 3 -

reaches maturity, court will entertain request at that time; there is insufficient justification to warrant name change, given factors presented to court, including A.M.S.’s health and happiness in both homes, his strong bond with his Father, stepmother, and half-brother, despite having different last names, and no indication that Father’s name is held in higher esteem in community). The record supports the trial court’s decision; therefore, we have no reason to disturb it. Accordingly, we affirm on the basis of the trial court’s opinion. Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary Date: 10/26/201553RD JUDICIAL DISTRICT

WRENCE COUNTY .ENNSY LVA NIA IN RE: 

### PETITION FOR 

### CHANGE OF NAME OF: A;, tAr So

For the 

### Petitioner:

For the 

### Respondent: Circ ted 10/15/2015 01:29 PM

IN THE 

### COURT OF COMMON PLEAS

. 

### LAWRENCE COUNTY, 

### PENNSYLVANIA

. NO. 10220 OF 2014, 

## C.A( >''

V 

### APPEARANCES Heather M. Papp-Sicignano, Esq. SWEENEY LAW 

### OFFICES 8001 

### Rowan Road, Suite 212 

### Cranberry Township, PA 16066 Philip L. Clark, Jr., Esq. Leymarie, 

### Clark & Long, P.C. Suite 8, 2nd 

### Floor 1429 New 

### Butler Road 

### New Castle, PA 16101 

### OPINION Hodge, J. 

### September 9, 2014 

### Before the 

### Court for 

### disposition is a 

### Petition for Name 

### Change 

### related to the 

### minor child, 

## AIM, 

## 6

, 2010. The 

### Petitioner, 

### AD Co 

### O. (hereinafter, 

### "Father "), and the Respondent, 1,7Pv.51 (hereinafter, 

### "Mother ") are the natural 

### parents of the 

### minor child. 

### Father is 

### requesting the 

### minor child's name be 

### changed to 

### include his surname, D. Prior to 

### addressing the 

### merits of 

### Father's petition, the Court 

### provides the 

### following 

### summation of the 

### procedural and 

### historical facts 

### associated with this case. born

2014 SEP 1 0 

### A b' HELEN PRO AND 

### C.E?w Circulated 10/15/2015 01:29 PM53Rd JUDICIAL DISTRICT

VRENCE COUNTY 'EN NSY LVANIA Circulated 10/15/2015 01:29 PM


### Mother and 

### Father were 

### dating at the time of Á,I164IS 

### conception. 

### They were not 

### married and 

### never lived together. Two 

### weeks 

### before A46.5.'5 birth, 

### Mother and Father 

### met to discuss his name. At this time, 

### Mother told Father that she had 

### decided 

### unilaterally that the 

### minor child's middle name 

### would be M. and the last name 

### would be S. 

# X17 2010, 

### Mother gave birth to the 

### minor child in her home at 

### approximately 5:15 a.m.; 

### Mother and the 

### minor child


### were 

### subsequently transported to the 

### Medical Center by 

### ambulance. Due to the 

### emergency nature of the child's birth, 

### Father was not 

### notified that the 

### minor child was 

### born until the 

### following day. 

### Consequently, Father was not 

### present at the 

### hospital when Mother signed the 

### birth certificate. 

### Mother signed the 

### certificate, 

### which formally 

### identified the 

### minor 

### child as t\ .S. Mother was 

### served with a copy of the 

### instant 

### Petition for 

### Name Change on 

### March 13, 2014. 

### Mother filed 

### timely objections, and 

### hearings were 

### scheduled 

### before this 

### Court on 

### May 13, 2014 and Tu1f7j, 2014. 

### Father 

### testified about his 

### relationship with .A;t' &, and the 

### reasons he 

### requests the Court to change ;A=M.,'$ last name to 

### reflect that of his own. Father stated that he 

### made a place for Á446$0 in his 

### home 

### prior to his 

# birth. ,$, has always been a 

### part of his 

### household and family, and he has a strong 

### relationship with his 

### half -brother and step -mother. Father is
2014 SEP 10 

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URENCE COUNTY 'ENNSY LVA NIA Circulated 10/15/2015 01:29 PM



### concerned that the 

### minor child's name is not 

### reflective of Father or 

### Father's heritage. 

### Father 

### additionally stated that he 

### repeatedly 

### requested to have the 

### minor child's surname include
or be that of his own. 

### Alternatively, Mother stated she 

### provided the 

### minor child with her 

### surname 

### because she was not 

### married to child's father. 

### Mother contends that her actions 

### conform to the 

### Pennsylvania Code, 

### which 

### provides that "[t]he 

### child of an 

### unmarried woman may be 

### registered with any surname 

### requested by the mother. If no other 

### surname is so requested, the child shall be 

### registered with the 

### mother's surname." See 28 Pa.Code §1.6. 

### Mother 

### conceded that 

### Father has a 

### good 

### relationship with the 

### minor child, but she 

### does not 

### believe their 

### relationship is 

### contingent upon 

### sharing a 

### common surname. 

### After 

### considering the 

### testimony and 

### evidence 

### presented by 

### both parties, 

### Father's request to change the 

### minor child's name of 

### Az

# M0 or in the 

### alternative to Aka l 1c

## S; De is 

### presently before the Court for a 

### determination. When 

### considering a 

### petition to change the name of a 

### minor child, the 

### trial court 

### must consider 

### whether doing so is in the best 

### interest of the 

### minor child. In Re: Change of Name of 

### Zachary 

### Thomas 

### Andrew Grimes-Palaia, 609 

### A.2d 158 (Pa.1992). The 

### Superior Court of 

### Pennsylvania l\as 

### further held that


### 2014SEP1ti 

## A8-55

1 , IPRO 

### A,HD1lL` Circulated 10/15/2015 01:29 PM53Ro JUDICIAL DISTR ICT
WRENCE COUNTY 'ENNSYLVANIA Circulated 10/15/2015 01:29 PM

the 

### party 

### petitioning for the 

### minor child's change of name has the 

### burden of 

### coming forward with 

### evidence that the name change 

### requested 

### would be in the 

### child's best interest, 

### and that 

### where a 

### petition to 

### change a child's name is contested, the 

### court 

### must 

### carefully evaluate all of the 

### relevant factual circumstances to 

### determine if the 

### petitioning parent has 

### established that the 

### change is in the 

### child's 

### best interest. In Re: 

### Change of 

### Name of E.M.L., 19 

### A.3d 1068, 1069 (Pa.Super. 3.O1,1 ) (citing In Re: C.R.G., 819 

### A.2d 558, 560 (Pa.Super. 2003). 

### Relevant factors include the natural 

### bonds 

### between the 

### parent and child, the 

### social stigma 

### relating to or respects 

### afforded to a 

### particular name 

### within the community, and where 

### appropriate, the 

### minor child's preference. In Re: Grimes, 609 

### A.2d 158, 161 (Pa. 1992). In 

### reaching a 

### determination, the Court 

### acknowledges that it is 

### more 

### frequently being presented with 

### petitions to change the name of a 

### minor child. The 

### commonality 

### between the cases is 

### often the lack of a 

### relationship between the subject child's 

### biological parents. 

### These cases are often 

### difficult for the 

### Court to 

### decide because the Court infers that the parents 

### associate some 

### measure of love or 

### parental 

### bond is 

### having 

### similar 

### nomenclature with the 

### minor child. In the Court's own 

### experiences, the two are not 

### mutually exclusive. It is often the love, 

### attention and 

### devotion given to the child by each 

### parent that is 

### fundamental in 

### solidifying the familial unit.

2014 SE5' 10 S, 

### 58
s1-LEN 1. 

### hLliw:
: QR0 

### MD a_E(_.b' Circulated 10/15/2015 01:29 PM53Rd JUDICIAL DISTRICT

WRENCE COUNTY PENNSYLVANIA Circulated 10/15/2015 01:29 PM


### Furthermore, social norms are not what they were fifty or
even 

### twenty years ago, 

### where 

### children typically carried the


### surname of 

### their 

### biological father, 

### regardless of the parents' 

### marriage status. The 

### Court does not infer a 

### negative 

### connotation will 

### befall the 

### minor child if his last name is 

### different from that of his 

### father's or even his 

### mother's if she 

### ultimately chooses to remarry. 

### Both parties have 

### presented themselves as 

### wonderful and 

### capable parents. Both 

### parties have

a 

### strong 

### support 

### system and 

### respectable families in the community. 

### Based upon the 

### positive attributes of 

### Mother and Father, the 

### Court cannot 

### conclude that the father has 

### met his 

### burden of 

### proof that it is in the 

### minor child's best 

### interest to grant 

### Father's 

### Petition for 

### Name Change. 

### Although the 

### testimony 

### establishes that the 

### minor child is happy in 

### both homes and 

### very healthy, he is still 

### very young. Should the 

### minor child have a 

### preference to 

### change or 

### modify his last name 

### when he reaches 

### maturity, the Court 

### will gladly entertain such a request, but 

### given the parties' 

### present circumstances and the factors 

### presented to the Court, it cannot conclude that there is 

### sufficient 

### justification to grant Father's 

### request at this time.

2C114 SEP 

### 19 

### A 8`, 

### 58

PRO AND 

### I,- Circulated 10/15/2015 01:29 PM53RD JUDICIAL DISTRICT

WRENCE COUNTY PENNSYLVANIA IN RE: 

### PETITION FOR 

### CHANGE OF 

### NAME OF: Pit4

### tA o S© Circulated 10/15/2015 01:29 PM

IN THE COURT OF 

### COMMON PLEAS 

### LAWRENCE COUNTY, 

### PENNSYLVANIA NO. 10220 OF 2014, C.A.


### ORDER OF COURT 

### AND NOW, this 9th day of September, 2014, with this 

### matter being 

### before the 

### Court on a 

### Petition for Change of Name, 

### with the Petitioner, i6'%4 , 

### appearing and 

### being 

### represented by 

### Heather M. Papp- Sicignano, Esquire, and with the Respondent, TT 

### Su 

### appearing and 

### being 

### represented by 

### Phillip L. Clark, Jr., 

### Esquire and after a 

### hearing held, and in 

### consideration of the 

### testimony and evidence presented, the Court 

### hereby ORDERS and 

### DECREES as follows:
1. 

### Consistent with the 

### attached Opinion, the 

### Petition for Name 

### Change is DENIED.
2. The 

### name of the 

### minor child

I 

### AG MC ./P 

### born 2010, shall 

### remain : 

## Ar IAtSe
3. The 

### Prothonotary shall 

### properly serve 

### notice of this 

### Order of 

### Court upon counsel of 

### record for the 

### parties and upon any 

### unrepresented party at their last known address as 

### contained in the 

### Court's file. BY THE COURT:

John W. 

### Hodge DIOR1Ci1Nt,'1 Judge

2044 SEP I 0 

### A 8 

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