See, Application of Januskiewicz, 105 N.M. 306, 731 P.2d 1350 (1986). The following jurisdictions apply the "best interest of the child" standard when considering petitions to change the name of minor children: Laks v. Laks, 25 Ariz. App. 58, 540 P.2d 1277 (1975); Stamps v. Rawlins, 297 Ark. 370, 761 S.W.2d 933 (1988); In re: Schiffman's Marriage, 28 Cal.3d 640, 620 P.2d 579, 169 Cal.Rptr. 918 (1980); D.K.W. v. J.L.B., 807 P.2d 1222 (Colo.App. 1990); Don v. Don, 142 Conn. 309, 114 A.2d 203 (1955); Degerberg v. McCormick, 41 Del. Ch. 46, 187 A.2d 436 (1963); Collinsworth v. O'Connell, 508 So.2d 744 (Fla.Dist.Ct.App. 1987); Fulghum v. Paul, 229 Ga. 463, 192 S.E.2d 376 (1972); In re: Marriage of Presson, 102 Ill.2d 303, 80 Ill.Dec. 294, 465 N.E.2d 85 (1984); Petition of Meyer, 471 N.E.2d 718 (Ind.Ct.App. 1984); Matter of Morehead, 10 Kan. App. 2d 625, 706 P.2d 480 (1985); Likins v. Logsdon, 793 S.W.2d 118 (Ky. 1990); Webber v. Webber, 167 So.2d 519 (La.Ct.App. 1964); In re: Reben, 342 A.2d 688 (Me. 1975); Hardy v. Hardy, 269 Md. 412, 306 A.2d 244 (1973); Mark v. Kahn, 333 Mass. 517, 131 N.E.2d 758 (1956); Rappleye v. Rappleye, 183 Mich. App. 396, 454 N.W.2d 231 (1990); Jacobs v. Jacobs, 309 N.W.2d 303 (Minn. 1981); Marshall v. Marshall, 230 Miss. 719, 93 So.2d 822 (1957); R.K.-T.S. by V.T. v. R.S., 819 S.W.2d 749 (Mo.Ct.App. 1991); Matter of Iverson, 241 Mont. 140, 786 P.2d 1 (1990); In re: Andrews by and through Andrews, 235 Neb. 170, 454 N.W.2d 488 (1990); Magiera v. Luera, 106 Nev. 775, 802 P.2d 6 (1990); Moskowitz v. Moskowitz, 118 N.H. 199, 385 A.2d 120 (1978); Application of Rossell v. Yacono, 196
The trial court changed the child's legal surname from Bardin to Bailey despite the fact that Bailey offered no evidence that the change was in the best interests of the child. This court, in Collinsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987), held that the change of a child's surname to that of the father, based only on a finding of paternity, is error. The Collinsworth court explained that a child's surname may be modified "`only where the record affirmatively shows that such change is required for the welfare of the minor.
The standard to applied in changing a child's name is the best interest standard. See Collingsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987); Azzara v. Waller, 495 So.2d 277 (Fla. 2d DCA 1986); Arnett v. Matthews, 259 So.2d 535 (Fla. 1st DCA 1972); Lazow v. Lazow, 147 So.2d 12 (Fla. 3d DCA 1962). In Lazow, 147 So.2d at 12, the court applied a best interest test and concluded that a minor's name may be changed only where the record affirmatively shows that such change is required for the minor's welfare.
01(3), a court, exercising jurisdiction in a filiation proceeding, has the discretionary power to decide whether a child's surname shall be changed from the legal surname of the child's mother to the surname of the child's father. In a filiation proceeding, a court, in deciding whether a child's surname should be changed from the mother's surname to the father's surname, must consider the best interests of the child regarding a change of name. Beyah v. Shelton, 231 Va. 432, 344 S.E.2d 909 (1986); Daves v. Nastos, 105 Wn.2d 24, 711 P.2d 314 (1985); Collinsworth v. O'Connell, 508 So.2d 744 (Fla. App. 1987). Although designation of a child's surname arose out of a proceeding to dissolve a marriage, this court, in Cohee v. Cohee, 210 Neb. 855, 317 N.W.2d 381 (1982), adopted the "best interests of the child" as the correct criterion or standard applicable to a parental dispute concerning the surname of a child affected by the dissolution.
A name change is proper "only where the record affirmatively shows that such change is required for the welfare of the minor." Collinsworth v. O'Connell, 508 So.2d 744, 747 (Fla. 1st DCA 1987) (quoting Lazow v. Lazow, 147 So.2d 12, 13 (Fla. 3d DCA 1962) ). If only conclusory assertions are provided in the record, "the issue should ordinarily be resolved against the party having the burden of proof, the proponent of change." Collinsworth, 508 So.2d at 747 ; Bardin v. State, Dep't of Revenue, 720 So.2d 609, 610 (Fla. 1st DCA 1998). A name change may not be based solely on a finding of paternity.
The party seeking the name change bears the burden of proof, and the court's decision must be based on "some evidence other than the parties' conclusory assertions appearing in the record before us . . ." Durham, 659 So.2d at 1292(quoting Collinsworth v. O'Connell, 508 So.2d 744, 747 (Fla. 1st DCA 1987)). Having fallen short of carrying this burden, the father's name-change request must fail.
Stepp, 520 So.2d at 316. We agree with Barnes and Stepp and note that our recent decision in Collinsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987), while not involving the exact issue before us, is consistent with the spirit of the holdings in Barnes and Stepp.Collinsworth held the shared parental responsibility law applicable to a non-married couple contesting the custody of their illegitimate offspring.
Without citing Allen, the First and Fourth District Courts of appeal have held contrary to Allen and applied the shared parental responsibility law (section 61.13) to custody battles between unmarried parents. Collinsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987); Barnes v. Frazier, 509 So.2d 401 (Fla. 5th DCA 1987); In Re: A.J.R., 440 So.2d 619 (Fla. 1st DCA 1983). The court in Barnes held:
See Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); DeCosta v. North Broward Hospital District, 497 So.2d 1282 (Fla. 4th DCA 1986). Recently in Collinsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987), our sister court held the Shared Parental Responsibility law applicable to a non-married couple contesting the custody of their illegitimate offspring. In Collinsworth, however, the mother was given primary residential custody, and therefore no finding of unfitness would have been required.
Lazow v. Lazow, 147 So.2d 12 (Fla. 3d DCA 1962).See also Cooledge v. Ulbrich, 733 So.2d 1092 (Fla. 4th DCA 1999). Moreover, the party seeking the name change bears the burden of proof and the court's decision must be based on some evidence other than the party's conclusory assertions as appears in the record before us. See, Durham v. McNair, 659 So.2d 1291 (Fla. 5th DCA 1995); Collingsworth v. O'Connell, 508 So.2d 744 (Fla. 1st DCA 1987). Accordingly, we reverse the order appealed from, and remand the cause to the trial court with directions to appoint a guardian ad litem for the children and to hold another hearing at which additional testimony may be taken, including input from the guardian ad litem, so that the court may determine, based on competent evidence, whether a name change is in the best interests of the children.