In Re Eml

19 A.3d 1068, 2011 WL 1314682
CourtSuperior Court of Pennsylvania
DecidedApril 7, 2011
Docket1034 MDA 2010
StatusPublished

This text of 19 A.3d 1068 (In Re Eml) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Eml, 19 A.3d 1068, 2011 WL 1314682 (Pa. Ct. App. 2011).

Opinion

19 A.3d 1068 (2011)

In re Change of Name of E.M.L. to E.M.S.
Appeal of L.D. and J.L., Birth Parents.

No. 1034 MDA 2010.

Superior Court of Pennsylvania.

Submitted November 1, 2010.
Filed April 7, 2011.

*1069 William G. Tressler, Bellefonte, for appellants.

David R. Crowley, Public Defender, Bellefonte, for appellee.

BEFORE: STEVENS, SHOGAN and COLVILLE[*], JJ.

OPINION BY SHOGAN, J.:

L.D. and J.L. ("Appellants"), birth parents of E.M.L., appeal from the order entered on May 18, 2010, in the Court of Common Pleas of Centre County, granting the petition of E.M.L. to change his surname. Upon review, we affirm.

Fifteen-year-old E.M.L. had been living with the same foster family since he was removed from the care of his birth parents at the age of one and a half. E.M.L. approached his attorney, Assistant Public Defender John P. Pendergast, with a request to change his surname from that of his birth father, J.L., to that of his foster family's. On March 23, 2010, E.M.L., through Attorney Pendergrast, filed a Petition for Special Relief, which contained the Petition for Change of Name.

On May 18, 2010, the trial court conducted an evidentiary hearing where testimony was taken from E.M.L. and E.M.L.'s birth mother, L.D. Centre County Children and Youth Services, as E.M.L.'s legal custodian, took no position in the proceeding. At the conclusion of the proceeding, the trial court granted E.M.L.'s petition and entered the Decree of Name Change.

On June 17, 2010, Appellants filed the instant appeal from that order. They subsequently filed a timely Pa.R.A.P. 1925(b) statement and the trial court authored a Pa.R.A.P. 1925(a) Opinion.

Appellants present the following two questions for our review:

I. Did the minor child lack standing to bring the petition on his own behalf?
II. Did the Court abuse its discretion in finding that the name change would be in the minor child's best interest?

Appellants' Brief at 5.

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. In re Change of Name of Zachary Thomas Andrew Grimes to Zachary Thomas Andrew Grimes-Palaia, 530 Pa. 388, 390, n. 1, 609 A.2d 158, 159, n. 1 (1992). 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. Id. This Court has further held:

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: C.R.C., 819 A.2d 558, 560 (Pa.Super.2003).

Appellants first argue that E.M.L. lacked standing to bring the petition on his own behalf because he is a minor. Appellants' Brief at 8. Appellants make the assertion that, as a matter of public policy, *1070 "minor children should not be accorded standing to initiate such legal actions absent express statutory authority." Id. Appellants also assert that legal custody of E.M.L. resides with Centre County Children and Youth Services, and since they did not bring or join in the Petition for Special Relief/Petition for Change of Name, there was no standing for the action to be brought. Id. Appellants further claim that there is no statutory authority entitling E.M.L. to change his own name. Id.

The relevant statute pertaining to name changes provides:

The court of common pleas of any county may by order change the name of any person resident in the county.

54 Pa.C.S.A. § 702. In addressing this statute in the context of a petition for the name change of a minor, our Supreme Court has concluded:

The statutory scheme sets forth no criteria for the court to consider when exercising its discretion upon a petition for change of name. The only prohibition within the statute appears at § 705: "Any person violating the provisions of this chapter for purpose of avoiding payment of taxes or other debts commits a summary offense."

In Re: Grimes, 530 Pa. at 391, 609 A.2d at 160. The Court also noted the procedural requirements for the petition.[1] After considering these provisions, the Court further stated:

The focus of the statute and the procedures thereunder, indicate a liberal policy regarding change of name requests. The necessity for judicial involvement centers on governmental concerns that persons not alter their identity to avoid financial obligations. Beyond requiring compliance with the notice provisions, the statute provides no additional guidance for courts considering petitions for change of name. Absent any legislative criteria, courts reviewing petitions for change of name exercise their discretion "in such a way as to comport with good sense, common decency and fairness to all concerned and to the public."

In Re: Grimes, 530 Pa. at 392, 609 A.2d at 160 (quoting Petition of Falcucci, 355 Pa. 588, 592, 50 A.2d 200, 202 (1947)).

While Appellants assert there is no statutory authority entitling E.M.L. to petition to change his name, we find no statutory authority prohibiting E.M.L. from seeking a name change. 54 Pa.C.S.A. § 702 itself sets forth no criteria for the court to consider when exercising its discretion upon a petition for change of name, aside from residency requirements, and Appellants make no claims that the residency requirement was not met.

Additionally, as outlined in In Re: Grimes, as long as the procedural requirements are met and the change of name is not sought for purposes of defrauding creditors, the court has broad discretion in considering a petition for name change. In Re: Grimes, 530 Pa. at 392, 609 A.2d at 160. Again, Appellants make no claims that the procedural requirements were not met, or that the name change was sought for fraudulent purposes.

Contrary to Appellants' assertions, there is no indication, statutorily or in case law, that 54 Pa.C.S.A. § 702 does not apply specifically to minor children, or that a minor is not entitled to the benefits of *1071 section 702 until attaining majority.[2] This Court has stated that while "a court would be reluctant to grant a very youthful minor's petition for a change of name ... our reluctance does not constitute a prohibition against granting a minor's petition for change of name." Petition of Christjohn, 286 Pa.Super. 112, 428 A.2d 597, 599 (1981). Additionally, Appellants rely on the Court's statement in In re: Grimes that "such petitions are commonly brought by the child's natural or legal guardian pursuant to Pa.R.Civ.P. 2026, et seq." to establish that a minor cannot bring such a petition. Appellants' Brief at 9.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Petition of Christjohn
428 A.2d 597 (Superior Court of Pennsylvania, 1981)
Falcucci Name Case
50 A.2d 200 (Supreme Court of Pennsylvania, 1946)
In re C.R.C.
819 A.2d 558 (Superior Court of Pennsylvania, 2003)
In re Change of Name of E.M.L. to E.M.S.
19 A.3d 1068 (Superior Court of Pennsylvania, 2011)
In re Change of Name of Grimes
609 A.2d 158 (Supreme Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
19 A.3d 1068, 2011 WL 1314682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eml-pasuperct-2011.