In re Stoves

35 Pa. D. & C.3d 40, 1985 Pa. Dist. & Cnty. Dec. LEXIS 385
CourtPennsylvania Court of Common Pleas, Westmoreland County
DecidedJanuary 4, 1985
Docketno. 7132 of 1984
StatusPublished

This text of 35 Pa. D. & C.3d 40 (In re Stoves) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Stoves, 35 Pa. D. & C.3d 40, 1985 Pa. Dist. & Cnty. Dec. LEXIS 385 (Pa. Super. Ct. 1985).

Opinion

LOUGHRAN, J.,

Petitioner herein is Donald Keith Stoves, Jr., a 12 year old minor. This young man resides with his mother, Michelle Jones Stoves Gongaware, and his maternal grandparents, Mr. and Mrs. John P. Jones, Sr. in North Huntingdon Township, Pa. Young Stoves wants his surname changed to Jones — his mother’s maiden name.

Petitioner’s natural father appeared at the hearing with counsel to voice his objections to the proposed name change.

FINDINGS OF FACT

1. That petitioner is Donald Keith Stoves, Jr., by Michelle Jones Stoves Gongaware, who resides at 2072 Leo Street, North Huntingdon Township, Pa., 15642.

2. That respondent is Donald Keith Stoves, Sr., who resides on Madison Avenue, North Irwin, Pa., 15642. He is the natural father of petitioner.

3. That petitioner currently resides with his natural mother and maternal grandparents.

4. That petitioner is a minor, having been born on April 1, 1972.

5. Acting through his natural mother, petitioner filed a petition to change his name from Donald Keith Stoves, Jr. to Donald Keith Jones.

6. Petitioner’s mother resumed her maiden name, Michelle Jones, after she and respondent, Donald Keith Stoves, Sr., were divorced, and after petitioner’s mother and her second husband, Gongaware, were divorced.

[42]*427. Respondent has objected to the proposed change of name.

8. Petitioner is known by family, friends, school authorities, church members, and the general community as Donald Keith Stoves, Jr., although recently petitioner has asked everyone to call him by the surname Jones.

9. Petitioner will not be making any change in residence, school or church in the immediate future.

10. The household in which petitioner lives includes a half sister with the surname Gongaware.

11. Respondent pays child support for the care and maintenance of petitioner and has at all times remained current in such support payments.

12. After respondent’s separation from petitioner’s mother, respondent, Donald Keith Stoves, Sr., made numerous attempts to contact and arrange visitation with petitioner, but was initially prevented by the natural mother from seeing or speaking with petitioner.

13. After respondent and petitioner’s mother were divorced, petitioner’s mother subsequently remarried.

14. After her remarriage petitioner’s mother directed respondent to leave her and petitioner alone so that respondent would not break up her new marriage.

15. Respondent sincerely desires to establish a father-son relationship with petitioner, though they have not seen each other for ten years.

DISCUSSION

The statute governing judicial change of an individual’s name is the Act of December 16, 1982, P.L. 1309, §2 (54 Pa.C.S. §§701-705). Under section [43]*43702 of this Act “The Court of Common Pleas of any county may by order change the name of any person resident in the county.” (Emphasis added).

The Superior Court in Petition of Christjohn, 286 Pa. Super. 112, 114-115 (1981) discussed the standard to be applied by the courts in deciding whether or not to grant a petition for change of name.

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Related

Petition of Alexander
394 A.2d 597 (Superior Court of Pennsylvania, 1978)
Petition of Christjohn
428 A.2d 597 (Superior Court of Pennsylvania, 1981)
Falcucci Name Case
50 A.2d 200 (Supreme Court of Pennsylvania, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
35 Pa. D. & C.3d 40, 1985 Pa. Dist. & Cnty. Dec. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stoves-pactcomplwestmo-1985.