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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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. 
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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 
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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: 10/26/2015
53RD 

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 

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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 

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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 

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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. 

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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. 

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IN RE: 

PETITION FOR CHANGE OF NAME 

OF: Pit4 tA o S© 

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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 58 

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