Unwed dad not entitled to give his surname to child
Brett Thomas Ferguson, v. Lucy Maria Traughber
The child born in this Robertson County Tennessee case to unwed parents was born in 2021. Judge Joel Perry heard the case and approved the parenting plan. He also set child support. The father’s petition for a change of name was heard by the trial court, which granted the petition. The court found that the name of the father was well-known, respected, and recognized in the community. The mother suggested either keeping her own name or using a hyphenated one. The trial court determined that the hyphenated names would be difficult for the child to learn how to write. The mother appealed the Tennessee Court of Appeals after an unsuccessful motion for rehearing. The appeals court noted that the standard of review was de novo, but that the lower court’s ruling had a presumption of correctness.
After resolving a procedural matter, it turned to the merits of the case.
In Tennessee, the normal procedure is for a birth certificate to bear the name of the mother, unless the parents elect otherwise, or a court rules otherwise.
The person who wants to change the name of the child must prove that the change will be in the best interests of the child. The court stated that the amount of evidence required is “not insubstantial” and that minor inconveniences or embarrassment are not sufficient. The appeals court agreed with the lower court’s conclusion that the father was well-known in the community. The court also noted that mother’s surname was well-known as the name of an old-time bank employee.
Upon closer examination, it was clear that the lower court’s decision was based on tradition and the feelings of father’s family. Tennessee does not have any legal presumption that favors the father’s name, so the court ruled that the lower court’s decision was not supported by evidence. It reversed the case and remanded it for that reason.
