In re Change of Name of Kennedy

18 Pa. D. & C.4th 545, 1993 Pa. Dist. & Cnty. Dec. LEXIS 208
CourtPennsylvania Court of Common Pleas, York County
DecidedApril 13, 1993
Docketno. 92-MI-00423
StatusPublished

This text of 18 Pa. D. & C.4th 545 (In re Change of Name of Kennedy) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Change of Name of Kennedy, 18 Pa. D. & C.4th 545, 1993 Pa. Dist. & Cnty. Dec. LEXIS 208 (Pa. Super. Ct. 1993).

Opinion

UHLER, J.,

This matter is before the court on petition of Kimberly A. Patterson, mother of Amanda Nicole Kennedy, a minor bom July 25, 1987, wherein “ [t]he minor child and her mother wish to change the child’s name from Amanda Nicole Kennedy to Amanda Nicole Kennedy-Patterson.” As a result of the petition and notice of objection from Amanda’s natural father, Dale E Kennedy, a hearing was held by the court prompting the within findings.

Amanda Nicole Kennedy was bom of the marriage of Dale F. Kennedy (hereinafter referred to as father) and Kimberly A. Patterson (formerly Kennedy; hereinafter referred to as mother). The parents were separated during December 1987 and a final decree in divorce and custody was granted on August 9, 1989 in the Circuit Court of Baltimore County, Md. A separation agreement was executed by the parties on February 25, 1988, wherein it was provided that the mother shall have the care and [546]*546custody of the child, with the right and privilege of father to visit at “such times as can be agreed upon between the parties.” The judgment of absolute divorce awarded guardianship and custodial rights of Amanda to the mother with reasonable rights of visitation unto the father.

Testimony disclosed that father maintained visitation up through 1991 with relative consistency, the largest space of time being two months (July and August 1991) wherein visitation with Amanda was not exercised. The mother describes this two-month period as an abandonment. It was during this time frame that mother entered into a marital relationship with David Patterson (hereinafter referred to as stepfather) of York County, who has custodial responsibility for two children, namely Erin, 6, and Connor, 4. The Pattersons were married in July 1991. In the latter part of 1991 father sought a more expansive modification of the visitation rights with Amanda and a consent order modifying judgment of absolute divorce dated March 25,1992, was entered of record in the Circuit Court of Baltimore County. We understand that father, who continues to reside in the state of Maryland, has since diligently exercised his visitation rights with Amanda and has fulfilled his support obligations. Mother considers father and daughter as having a “very good relationship” with one another and that Amanda loves her father and likes to be with him. Mother also advised that Amanda has a good relationship with her stepfather who she now calls “Dad.”

As described during the testimony of mother and stepfather, the subject of Amanda’s last name was initiated by Amanda at age 3 during a family dinner discussion with stepfather’s children (then ages 2 and 4), wherein she expressed the wish to have the last name of Patterson. Mother indicated this impromptu request was considered by the family as a positive indicator of the bonding and [547]*547blending of the two family units. Amanda was later described by mother as evidencing substantial confusion such as asking who is her “real” father or “real dad” and the issue over her family name. Mother advised the court that she tried to explain to Amanda she is now a Kennedy and a Patterson. Amanda has been told that it really doesn’t matter what her last name is because she will remain a part of the Patterson family and that her last name will not affect where she lives. Stepfather has told her that it is her right to choose her name. Amanda was registered at school as Amanda Kennedy-Patterson by her mother and stepfather.

Mother testified that out of concern that the blended Patterson family adjust well from the outset, professional counseling help was sought from Sharon Athey, Ph.D, who holds a school psychology degree. Dr. Athey became involved with both individual and family counseling with the Pattersons. Dr. Athey established for the Patterson unit a reinforcement program and a time-out program through a token system in dealing with behavioral responsibilities of the children. Mother described to Dr. Athey Amanda’s confusion with the issue of who is her “real dad” and how to refer to the significant principals. It was recommended by Dr. Athey, according to mother, that Amanda refer to her father as her “biological” father and that would clear things up. Mother further advised that it was in the summer of 1992 that Amanda first suggested using the hyphenated name “Kennedy-Patterson” as her last name. Mother opined that Amanda would like to change her surname to Patterson but Amanda is concerned about her father’s feelings as she is reluctant to go against him.

Stepfather confirmed that he has been involved with Amanda since 1990, and he is not attempting to alienate her from her father. It was acknowledged by stepfather [548]*548that adoption of Amanda had been discussed with mother and perhaps Dr. Athey.

Dr. Athey was called as an expert in counseling. She testified that she first saw Amanda in May 1991 and was principally involved with counseling of the Pattersons for situational adjustment of the family unit. Dr. Athey advised she learned from Amanda that the minor would like to be known as Amanda Patterson when she was with the Pattersons but would like to be known as Amanda Kennedy when she is with her father and his family. Dr. Athey asserts that Amanda desires to change her name to Kennedy-Patterson but her father doesn’t want her to change her legal name. The court was further advised by Dr. Athey that “Amanda would be extremely disappointed in her father if the change is not made and that refusal to change the name might interfere with Amanda and Mr. Kennedy’s relationship.”

Father, on the other hand, has both formally (in the context of the within proceeding) and informally opposed an alteration of Amanda’s last name. Mother proposed the alternative hyphenated variations to him — both of which were rejected by him. He described the confusion and guarded responses of his daughter and acknowledged that on at least two occasions he corrected her as to her last name. It was likewise apparent to the court as a result of the mother’s and father’s testimony that Amanda’s paternal grandparents are an integral factor in the overall Kennedy family makeup with substantial interests in Amanda. Father described a good, close relationship with his daughter and further advised that Amanda’s relationship with his new wife is good. During the pendency of the within proceeding father and Adrian (his wife) have given birth to a half-brother of Amanda.

Janet Bliss, a psychology resident holding a Master in Science for Clinical Psychology degree, and who an[549]*549ticipates receiving her license from the State Board on April 14, 1993, testified on behalf of the father. Ms. Büss further reported to the court that she has been permitted to offer expert testimony in more than 40 court appearances in the Court of Common Pleas of York County relative to issues of visitation, custody, dependency, and involuntary terminations. Ms. Bliss described Amanda’s reaction to discussion relative to her last name during her interview as upset. Later when it was brought up again Amanda expressed that she wanted her last name to be Kennedy. The court notes that Amanda’s response to Ms. Bliss was compatible with Dr. Athey’s advice that Amanda indicated to her that she was a Patterson when she was with the Pattersons and a Kennedy when with the Kennedys.

Significantly it was Ms. Bliss’s position that preoccupation with a surname by a child of three to five years of age is not normal. She opined that a name is or should be a fact of life “that just is,” similar to a nose or any body appendage.

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Related

In Re Zachary Thomas Andrew Grimes
609 A.2d 158 (Supreme Court of Pennsylvania, 1992)
In re Change of Name of Grimes
609 A.2d 158 (Supreme Court of Pennsylvania, 1992)

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Bluebook (online)
18 Pa. D. & C.4th 545, 1993 Pa. Dist. & Cnty. Dec. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-change-of-name-of-kennedy-pactcomplyork-1993.