Nellis v. Pressman

282 A.2d 539, 1971 D.C. App. LEXIS 213
CourtDistrict of Columbia Court of Appeals
DecidedOctober 20, 1971
Docket5911
StatusPublished
Cited by5 cases

This text of 282 A.2d 539 (Nellis v. Pressman) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nellis v. Pressman, 282 A.2d 539, 1971 D.C. App. LEXIS 213 (D.C. 1971).

Opinions

GALLAGHER, Associate Judge:

Appellant, Mrs. Muriel Pressman Nellis, seeks reversal of an injunction ordering her to refrain from causing her children, Amy and Adam, to be known by any surname other than their father’s, Mr. Howard Pressman (appellee). The facts are lengthy and complicated and require a rather full recital.

Mrs. Nellis was married to Mr. Pressman on March 25, 1951. During this marriage, which ended in divorce on October 18, 1964, two children were born. Adam is now 16 years old,1 and his sister, Amy, is now about 13 and a half.2 Shortly after the divorce, Mrs. Nellis married her present husband, Mr. Joseph Nellis, and since then she and the children have resided with him in the District of Columbia. The father, Mr. Pressman, resides in Chester, Pennsylvania.

In the fall of 1965 or 1966, Mrs. Nellis, without notifying Mr. Pressman and because Adam often told her of discomfort because his name was different from the Nellis family, enrolled the children in school with Adam’s assent under her new surname. For the last five or six years Amy and Adam have continuously used the surname Nellis, except when visiting their natural father at his residence in Pennsylvania where they are known as Pressman. The earliest indication of an awareness by Mr. Pressman of the change in name is a letter [540]*540he wrote to Mrs. Nellis’ attorney in Pennsylvania on October 31, 1967, concerning visitation rights in which he complained about “changing my children’s names in school to Nellis.”

On June 20, 1968, Mr. Pressman filed a suit for custody of the children. Subsequently, his complaint was amended to withdraw the custody demand and to request merely a final settlement of visitation rights; but no claim concerning the proper surname of the children was raised until the complaint was orally amended to include the issue at the beginning of the trial in June of 1970.

Neither child knew their name was an issue in the trial though both children participated in it and were questioned about the change in names. The court issued a judgment which, as well as fixing visitation rights, enjoined Mrs. Nellis from “using, or allowing to be used, in any manner or circumstance whatsoever, any names for said minor children other than ‘Adam Jay Pressman’ for the male child and ‘Amy Ellen Pressman’ for the female child.” Mrs. Nellis received from the trial court a retrial on the issue of the children’s surname, but applications by the children to intervene, filed by Mrs. Nellis as next friend, were denied.

The retrial took place in April 1971, with all interested parties and three expert witnesses testifying. Much of the testimony at the retrial centered on Adam’s reaction to the order requiring that his mother effect a return to the name Pressman.

Since neither Adam nor Amy had been informed that their name was an issue at the original trial in June, Adam testified he was surprised as he read a copy of the trial court’s opinion and order enjoining use of the name (he first saw the order on the weekend of his 15th birthday). His reaction was strongly adverse. During the next few days he had long telephone conversations with his father at his home in Pennsylvania concerning the injunction. They further discussed the question when Adam visited his father at Thanksgiving but did not arrive at any agreement. His opposition to a return to the name Pressman remained constant during the winter, and at the retrial he expressed an intense desire to retain his name as Nellis.

Adam said he has a deep interest in retaining his name as it is while his name is of little tangible benefit or detriment to his father. He had lived as Nellis so many years that to revert now to the Pressman surname would present grave problems for him and would cause him “pain and anguish.” It seemed to him that his father was asking for a sacrifice which would result in little of appreciable significance for his father. He said that prior to the court order his relations with his father had been good — he loved him and enjoyed visiting him — but now he felt differently. He was afraid that if forced to return to the name Pressman he would not be able to develop any relationship with his father, and that he “might just stop going to visit him.”3

A child psychiatrist appearing for appellant supported Adam’s opinion that he would be harmed by returning to the name Pressman. According to the expert testimony, Adam’s motives for so strongly opposing Mr. Pressman go well beyond any mere inconvenience in explaining the change to friends. Rather, Adam now feels himself to be a Nellis because for five or six years during the critical and formative development of the adolescent he has grown up in the community as Nellis. Due to good family training,

* * * [the children] made the best of the situation they have been in * * *. This is what they know. This is what they have put into it. They have made [541]*541their adaptations, and this is Adam right now. So, that, when you try to change his name, in my opinion, it’s symbolic of trying to break him. He’s a mature boy for his age of 15 and he is further along in this process.
If this happened in other years, earlier, I would say probably his feelings would be different. But, now, his feeling toward his father is very troubled, because he would like his father to know that this is him now, and he would hope his father would want the relationship, the affection and respect, above a name change, because to the boy this is tied up with who he is. [Tr. at 255 — 56.]

In opposing the children’s return to the Pressman surname, Mrs. Nellis stressed the same factors of self-identity and relations with others which were brought out in the psychiatrist’s testimony. She especially feared the effect that “dislocation” might have on Adam at a point in his life where he was “trying very hard to find a real place for himself in society, and aspiring to be something and to be someone.”

Although Amy was not as strenuously opposed to returning to the name Pressman as her brother, that is, she did not anticipate severing her relations with her father if she is required to use his surname, she did define her strong desire to retain her present status as Amy Nellis. She articulated her conviction that her best interest lay in maintaing the status quo and maintained this position during searching cross-examination.

Mr. Pressman testified that the children’s use of his surname was critical to the maintenance of a sound and durable relationship between himself and his children. He said it is not natural for children to carry their mother’s name. He believed that the children were living in a “dream world” in which they were or would in the future be embarrassed to even introduce their natural father to their friends. He felt that Adam’s present hostility toward him because of the court order requiring a change back to the name Pressman can be altered by the enforcement of the injunction, though this means “compulsion.”

In support of his position was a psychiatrist who testified children are better off, generally, in having their natural parent’s name; that use of the surname Pressman was important to the children’s relationship with their real father; that continued use of Nellis would, in effect, be a hiding from a reality which should be faced and dealt with; and that being an adolescent it is a good time to make the transition.

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Nellis v. Pressman
282 A.2d 539 (District of Columbia Court of Appeals, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
282 A.2d 539, 1971 D.C. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nellis-v-pressman-dc-1971.