Opinion
Civil Action No.: CPU5-18-001283
12-17-2018
RE: In the matter of Chance Gerald Moore-Short
Ms. Kaila K. Short
120 Parkers Drive
Dover, DE 19904 Mr. Deronta Moore
213 Eisenhower Drive
Dover, DE 19901
Decision on Petition for Name Change for Minor Child
Dear Ms. Short and Mr. Moore:
This matter involves a request for a name change of a minor child, Chance Gerald Moore-Short ("Chance"), pursuant to Chapter 59 of Title 10 of the Delaware Code. The petitioner for name change requests that Chance's name be changed to Chance Gerald Short. The petition was filed by Chance's natural mother, Kaila Kelly Short, who is pursuing this name change on Chance's behalf. The petition is contested by Chance's natural father, Deronta Moore. A hearing for this matter was held by the Court. At the conclusion of the hearing, the Court reserved decision. The Court finds that Ms. Short has failed to meet her burden of proof to show that a change of Chance's surname to Short would be in Chance's best interests. Therefore, her petition is denied.
The legal standard for change of name petitions for minors is whether the petitioner, by a preponderance of the evidence, can prove that the name change is in the best interests of the child. In re Change of Name of Smith, 2003 WL 23469571, at *4-5 (Del. Com. Pl. Mar. 19, 2003). To determine if the best interests of the child would be served by granting a proposed name change, the Court considers a list of ten factors. However, the Court notes that a new law that became effective on July 17, 2018, creates the presumption that a hyphenated surname containing the surnames of both parents of a minor child is presumed to be in the best interests of the child unless there is "clear and convincing evidence" that the totality of circumstances provides otherwise. See 10 Del. C. § 5904(b).
In this case, Ms. Short simply has not overcome, by clear and convincing evidence, the presumption that Chance's hyphenated surname is in his best interests. Her main argument in favor of Chance's name change is that he has medical issues and there has been confusion with his medical records due to the hyphenated name. The medical issues specifically listed by Ms. Short were Chance needing tubes in his ears and suffering from eczema. The Court finds that confusion with medical records for these conditions simply does not meet the burden to overcome the presumption in favor of a hyphenated surname for a minor.
In this regard, the Court finds that there may be even more confusion with medical records if Chance's surname is changed at this point as medical records already exist with the hyphenated surname. --------
Upon weighing all the factors to be considered for a minor child's name change, along with the presumption in favor of having a hyphenated surname for minors as provided by 10 Del. C. § 5904(b), the Court finds that Chance's best interests will not be served by granting the proposed name change of his surname from Moore-Short to Short. Therefore, the petition for a name change that has been filed on Chance's behalf by his natural mother, Ms. Short, is denied.
IT IS SO ORDERED.
Sincerely,
/s/
Charles W. Welch, III CWW:mek