By: Marc Rapaport
http://www.TexasNameChange.com
Under Texas law, a court may order the name of a child changed if the court determines that the name change would be in the child’s best interests. The decision in the case of Scoggins v. Trevino provides a useful summary of the standards and factors that the Texas courts consider in determining whether a name change would be in the best interests of a child. The factors listed by the Court are as follows:
(1) Whether the changed name or the present name
would best avoid embarrassment, inconvenience, or
confusion for the custodial parent or the child;
(2) Whether it would be more convenient or easier for
the child to have the same name as or a different name
from the custodial parent, either the changed name or
the present name;
(3) Whether the changed name or the present name
would help identify the child as part of a family unit;
(4) The length of time the surname has been used;
(5) Parental misconduct, such as support or
non-support or maintaining or failing to maintain
contact with the child;
(6) The degree of community respect associated with
the present or changed name;
(7) Whether the change will positively or adversely
affect the bond between the child and either parent or
the parents' families;
(8) Any delay in requesting or objecting to name
change;
(9) The preferences of the child;
(10) The age and maturity of the child;
(11) When the child maintains the mother's surname,
assurances by the mother that she would not change her
name if she married or remarried; and
(12) Whether the parent seeking the change is
motivated by an attempt to alienate the child from the
other parent.
Scoggins v. Trevino, 200 S.W.3d 832 (2006), quoting In re Guthrie, 45 S.W.3d at 725-26.
In Scoggins, the trial court’s name change order was upheld on appeal. Among other things, the appellate court observed that the natural father, who was opposing the name change, had a very distant relationship with the subject child.
As is common in family law cases, contested name change cases involving children are extremely dependent upon the facts at issue in the particular case. The factors listed by the Court in the Scoggins decision provides useful guidance for Texas parents who wish to begin legal proceedings to change the names of their children. For additional information regarding child name change petitions in Texas, visit http://www.TexasNameChange.com
