Aitkin County Family Service Agency v. Girard

390 N.W.2d 906, 1986 Minn. App. LEXIS 4566
CourtCourt of Appeals of Minnesota
DecidedJuly 29, 1986
DocketC7-86-283
StatusPublished
Cited by6 cases

This text of 390 N.W.2d 906 (Aitkin County Family Service Agency v. Girard) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aitkin County Family Service Agency v. Girard, 390 N.W.2d 906, 1986 Minn. App. LEXIS 4566 (Mich. Ct. App. 1986).

Opinion

OPINION

CRIPPEN, Judge.

Charlene Hoglund appeals from the trial court’s judgment changing the surname of her two minor children from Hoglund to Girard, the surname of the children’s biological father. We reverse.

FACTS

Appellant Charlene Hoglund and respondent Frank Girard lived together for about six years and had two children, Orville Lee, born February 18, 1981, and Bobby Jean, born October 11, 1982. Sometime after Bobby Jean was born, respondent moved out of the home where he had been living with appellant and the children. In No *908 vember 1985, appellant brought a paternity action against respondent. Respondent acknowledged his paternity and was accordingly adjudicated the father of the children.

In the same proceeding, respondent petitioned the court to change the children’s surname from Hoglund to Girard. The trial court record shows that when the children were born, both were given appellant’s surname of Hoglund. In their daily life, they have always used the surname Hoglund. Respondent, however, also testified that “all his friends and everybody” called the children “Girard” when he was living with appellant. The children have lived continuously with appellant; respondent has visited with them about once a month since he and appellant stopped living together.

Respondent testified that he does not care if the children continue to use Ho-glund as their surname in their daily lives, but that he nevertheless wants their name to be changed legally to Girard. He explained that he was the only son in his family that named a son after his father, that his father had expressed a dying wish that the Girard name be carried forward, and that he wanted to fulfill his father’s wish. He also expressed his ongoing desire to marry appellant and raise the children together with her, and stated that even if he and appellant do not marry, he still wants the children to have his name in recognition that he is their father.

Appellant testified that she objected to a change in the children’s surname and that the change would confuse them. She testified that the children, now ages 5 and 3, are not old enough to meaningfully tell her which name they would like to keep. In regard to respondent’s desire to marry her, appellant testified that she would “like to give it a try” but that she would first want to live with respondent “for awhile and see how things work out.”

In addition to the parties’ testimony, the court also considered a letter from an Ait-kin County Family Service Agency social worker, which recommended that the children’s surname remain Hoglund. The social worker wrote that the benefit of changing the name is outweighed by the possible confusion and disruption that could ensue, and that because appellant has been and continues to be the primary parent of the children, her wish to maintain the Hoglund name should be granted.

The trial court issued findings that appellant and respondent are the parents of the two children and that respondent “is desirous of changing the surnames of the children to Girard.” The court then ordered that the children’s name be changed to Girard. Charlene Hoglund appeals from the judgment entered upon the court’s order.

ISSUE

Did the trial court abuse its discretion in ordering that the children’s surname be changed?

ANALYSIS

A trial court shall grant an application for a change in a minor child’s name unless the court finds that the change is not in the best interests of the child. See Minn.Stat. § 259.11 (1984). Applying the statute, the Minnesota Supreme Court has held that the “welfare of the children must ultimately be the controlling consideration in any change of status.” Robinson v. Hansel, 302 Minn. 34, 35, 223 N.W.2d 138, 140 (1974).

In Robinson, the court focused on the “significant societal implications” of changing a child’s name from the natural father’s name following the divorce of the child’s parents and the grant of custody to the child’s mother. The court noted that the “link between a father and child in circumstances such as these is uncertain at best, and a change of name could further weaken, if not sever,” the bond between a noncustodial father and the child. Id. at 35-36, 223 N.W.2d at 140.

This concern is notably absent from the present case, where the children’s parents were never married and the children have never regularly used their father’s name. Here the father does not oppose change but seeks it. In addition, independent of the surname of the children, both parties *909 agree that respondent has established a positive and loving relationship with the children, that both children know respondent is their father, and that he sees the children on a regular basis. Respondent’s testimony that his primary interest is to fulfill his father’s wishes and not to ensure that the children identify with the name Girard in their daily lives also indicates that the name change would not affect his ongoing parental relationship with the children.

In 1981, the supreme court took the “opportunity to elucidate [its] decision in Robinson.” In re Saxton, 309 N.W.2d 298, 301 (Minn.1981), cert. denied, 455 U.S. 1034, 102 S.Ct. 1737, 72 L.Ed.2d 152 (1982). In Saxton, the court reaffirmed that a name change should be granted “only when the change promotes the child’s best interests.” Id. In Robinson, the court said that change of a child’s surname over the objection of a parent should be considered with “great caution” and only where “the evidence is clear and compelling that the substantial welfare of the child necessitates such change.” Robinson, 302 Minn, at 36, 233 N.W.2d at 140. Saxton specified several factors that trial courts may consider in determining the child’s best interests. Further, the court stated that trial courts need not limit their consideration to those factors, but that they should set out their reasons for granting or denying an application to change the child’s surname. Id.

Other than stating that respondent desired the name change, the trial court here did not state reasons for granting respondent’s petition. Most notably, the trial court made no findings on the best interests of the children.

Two of the factors articulated in Saxton are particularly important here, namely, file length of time the child has borne a given name, and the difficulties, harassment or embarrassment that the child may experience from bearing the present or the proposed name. 1 The record shows that the children have borne the Hoglund name throughout their lives and that appellant testified that a change of name would cause adjustment difficulties for them.

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Cite This Page — Counsel Stack

Bluebook (online)
390 N.W.2d 906, 1986 Minn. App. LEXIS 4566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aitkin-county-family-service-agency-v-girard-minnctapp-1986.