Changing Child’s Surname: Best Interests

Changing Child’s Surname: Best Interests

Mom and dad divorce in 2004. Mom moves to Billings and obtained temporary order of protection (TOP) against Dad, which preserves, however, Dad’s contact rights with the children. Mom remarries in 2007 and takes the surname of her husband. Court suspends Dad’s contact with the children in 2011. Mom files pro se petition to change the children’s surnames to the surname of her husband and herself, which was granted. Dad not served properly and files Rule 60 complaint.

District Court found improper service of the earlier petition for name change, but granted the surname change for the children.

• ·       Dad had not seen the children for nine years.
• ·       The children had been using their stepfather’s surname already.
• ·       The children wanted to use their stepfather’s surname.
• ·       The children resided in a household with younger half siblings with that surname.

Affirmed. Dad argued it was not his fault that he had become estranged from the children. However, the Court found that whether it was his fault or not was unimportant, but a strict best interests test.

Tucker v. Tucker 2014 MT 115