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In re Application of Robinson for Change of Names

Supreme Court of Minnesota
Nov 1, 1974
302 Minn. 34 (Minn. 1974)

Summary

holding that when natural parents were married and child used name of natural father, surname change could weaken, if not sever, the link between a father and child

Summary of this case from Matter of the Application of Greenwood

Opinion

No. 44724.

November 1, 1974.

Parent and child — change of child's surname — propriety.

A change in surname of minor children from that of their divorced father to that of the new husband of their natural mother was not based upon clear and compelling evidence that the substantial welfare of the children necessitated such change.

Upon the petition of Jeanine Hansel Robinson, mother and natural guardian of Holly Hansel, Kara Hansel, Heidi Hansel, and Brian Hansel, minors, the Ramsey County District Court, Hyam Segell, Judge, ordered that the surname of said minors be changed from Hansel to Hansel Robinson. Richard D. Hansel, father of said minors, appealed from said order. Reversed.

Goff Goff, Sydney W. Goff, and John Feldman, for appellant.

Murnane, Murnane, Battis Conlin and John R. Hoffman, for respondent.

Heard before Sheran, C.J., and Rogosheske, Peterson, MacLaughlin, and Scott, JJ., and considered and decided by the court en banc.


This is a proceeding in which the petitioner seeks to change the surnames of four minor children in her custody. The petition was opposed by the children's natural father. From an order of the Ramsey County District Court granting the petition, the natural father appeals. We reverse.

Jeanine Hansel Robinson, petitioner, and Richard D. Hansel were divorced in 1969. Petitioner was awarded the custody of the four minor children of that marriage, namely, Holly Jean Hansel, now 17 years old; Kara Ann Hansel, 14; Heidi Marie Hansel, 10; and Brian Boyd Hansel, 6.

Petitioner remarried in 1970, and the four Hansel children have since been living with her and her new husband, Bruce Robinson. Robinson's natural children by a former marriage are living with his former wife. In October 1973 petitioner instituted an action, pursuant to Minn. St. 259.10 and 259.11, to change the surnames of each of the four minor children by adding the surname of petitioner's present husband. Thus, the surname "Hansel" would become the surname "Hansel Robinson."

The precise issue of whether a change in a child's name should be ordered over the objection of a natural parent is one of first impression in this court. There is no issue, however, that the welfare of the children must ultimately be the controlling consideration in any change of status. A change in surname, so that a child no longer bears his father's name, not only obviously is of inherent concern to the natural father, so that he should have standing to object, but is in a real sense a change in status having significant societal implications. Society has a strong interest in the preservation of the parental relationship. Even though a divorce decree may terminate a marriage, courts have traditionally tried to maintain and to encourage continuing parental relationships. 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, such a bond.

This consideration has been recognized in a number of jurisdictions. In Massachusetts, for example, the Supreme Judicial Court refused, in the case of Mark v. Kahn, 333 Mass. 517, 521, 131 N.E.2d 758, 762, 53 A.L.R. 2d 908, 913 (1956), to change the names of minor children, holding:

See, generally, Annotation, 53 A.L.R. 2d 914.

"* * * A change of name may not be in the child's best interest if the effect of such change is to contribute to the further estrangement of the child from a father who exhibits a desire to preserve the parental relationship."

In Ohio, the court held, in Kay v. Kay, 51 Ohio O. 434, 438, 112 N.E.2d 562, 567 (1953):

"* * * Ordinarily a change of the name of a minor child of divorced parents should not be granted where it might contribute to the estrangement of the child from its father who has shown a desire to preserve the parental relationship, * * *."

Other courts have looked to the natural and appropriate desire of the father to have his children bear and perpetuate his name, as well as to the desirability of the child knowing his own parentage.

Clinton v. Morrow, 220 Ark. 377, 247 S.W.2d 1015 (1952).

Matter of Epstein, 121 Misc. 151, 200 N.Y.S. 897 (1923).

We are fully persuaded, for like reasons, that judicial discretion in ordering a change of a minor's surname against the objection of one parent should be exercised with great caution and only where the evidence is clear and compelling that the substantial welfare of the child necessitates such change.

The evidence supporting the petition for change of name is neither clear nor compelling. It is clear that the principal reason for the trial court's ordering a change of surname was that the male child, Brian, age 6, who was born after his natural parents were separated, but several months before the divorce, "looks upon Bruce Robinson, the petitioner's husband, as his father, and uses the name Robinson as his own name." How it came to be that he does use the Robinson name is not stated in the record, but it seems unlikely that it was encouraged by his natural father. It is clear that his natural father had exercised a substantial amount of visitation rights granted him by the divorce decree, demonstrating his effort to maintain a familial relationship with his son and daughters.

Petitioner contends that Richard Hansel, the father, had failed consistently to make support payments as ordered in the divorce decree. It is clear, however, that the trial court did not consider this as a reason for its order. Whatever the reason for these defaults, moreover, they are not of such character as to evince a total indifference or neglect of his children over a period of years.

The trial court concluded that "[i]t would not be practical to change the name of Brian Hansel without changing the names of all of the children, and it would not be in the best interests of any of the children to change the name of one without changing the others." As to these other older children, there was some evidence that they had experienced "some difficulty in the way of harassment by schoolmates and friends, and difficulty has also been experienced in obtaining insurance coverage, and an application for scholarships to college." The court did not treat this as compelling a change of name. The nature of the evidence demonstrated the difficulties to be both minor and transitory. The children's participation in school and school activities had not been adversely affected. Whatever the nature of the "harassment" of the children by their peers, it would seem that it was in this case surely no more severe than faced by thousands of other similarly situated children in a day when broken homes have become commonplace.

The petition for change of surname stems not alone from the divorce but from a custody status. Awarding permanent custody is impermanent to the extent that death or subsequent divorce of a custodial parent may materially alter circumstances. This potential could well lead to restoration to the child of the natural father's surname or, if this change of name were sustained, to yet another name. We do not dismiss out of hand the finding that at least one of the children has developed a parent-child identification with one other than his father. If this matures into a strong and permanent identification, at maturity the time may well come when the child may cause an appropriate change of surname as his or her voluntary act.

Reversed.


Summaries of

In re Application of Robinson for Change of Names

Supreme Court of Minnesota
Nov 1, 1974
302 Minn. 34 (Minn. 1974)

holding that when natural parents were married and child used name of natural father, surname change could weaken, if not sever, the link between a father and child

Summary of this case from Matter of the Application of Greenwood

In Robinson v. Hansel, 302 Minn. 34, 36, 223 N.W.2d 138, 140 (1974), the Minnesota Supreme Court said: "[J]udicial discretion in ordering a change of a minor's surname against the objection of one parent should be exercised with great caution and only where the evidence is clear and compelling that the substantial welfare of the child necessitates such change."

Summary of this case from In re Marriage of Gulsvig

In Robinson we noted that the best interests of the child controlled the resolution of the issue and held "judicial discretion in ordering a change of a minor's surname against the objection of one parent should be exercised with great caution and only where the evidence is clear and compelling that the substantial welfare of the child necessitates such change."

Summary of this case from Application of Saxton

In Robinson we stated: "There is no issue, however, that the welfare of the children must ultimately be the controlling consideration in any change of status."

Summary of this case from Application of Saxton

In Robinson v. Hansel, 302 Minn. 34, 223 N.W.2d 138, the Supreme Court of Minnesota, in reversing a judgment granting a change of name, said: "Society has a strong interest in the preservation of the parental relationship.

Summary of this case from Spatz v. Spatz

discussing society's "strong interest in the preservation of the parental relationship"

Summary of this case from Kopp v. Burton

In Robinson the supreme court discussed society's "strong interest in the preservation of the parental relationship" and stated a name change is not in the child's best interest if its effect "is to contribute to the further estrangement of the child from a father."

Summary of this case from In re Long

In Robinson the supreme court reversed the district court when it granted the mother's request to add the surname of her present husband to her children's surname which was the same as their natural father's surname.

Summary of this case from In re Long

In Robinson, the supreme court was concerned when the mother married and wished to change the children's surname to that of her husband.

Summary of this case from In re Long

In Robinson we noted that the best interests of the child controlled the resolution of the issue [of whether a change in a child's name should be ordered over the objection of a natural parent] and held "judicial discretion in ordering a change of a minor's surname against the objection of one parent should be exercised with great caution and only where the evidence is clear and compelling that the substantial welfare of the child necessitates such change."...

Summary of this case from In re Perron

stating that "the welfare of the children must ultimately be the controlling consideration"

Summary of this case from In re Perron

requiring the court to find "clear and compelling [evidence] that the substantial welfare of the child necessitates such change"

Summary of this case from In re B.R. S

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.

Summary of this case from Aitkin County Fam. Serv. Agency v. Girard

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."

Summary of this case from Aitkin County Fam. Serv. Agency v. Girard
Case details for

In re Application of Robinson for Change of Names

Case Details

Full title:IN RE APPLICATION OF JEANINE HANSEL ROBINSON, MOTHER AND NATURAL GUARDIAN…

Court:Supreme Court of Minnesota

Date published: Nov 1, 1974

Citations

302 Minn. 34 (Minn. 1974)
223 N.W.2d 138

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