Matter of Trevellian

[*1] Matter of Trevellian 2006 NY Slip Op 51132(U) [12 Misc 3d 1170(A)] Decided on May 17, 2006 Civil Court Of The City Of New York, Kings County Edwards, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 17, 2006
Civil Court of the City of New York, Kings County

In the Matter of the Application of Christine Trevellian As Parent and Natural Guardian for Leave to Change Minor's Name to Caitlin Clara Trevellian



500001/2006

Genine D. Edwards, J.

Petitioner makes this application to change her daughter's last name from her former husband's surname to her maiden name. Pursuant to Civil Rights Laws, name changes are generally granted liberally if the application is made in good faith and for an honest purpose. However, Courts must render careful consideration when the name of a child is proposed to be changed. In that instance, the promotion of the best interests of the child is paramount. Sakaris v. Sakaris, 160 Misc 2d 657 (NY Civ. Ct. Richmond Cty 1993); Swank v. Petkovsek, 216 AD2d 920 (4th Dept. 1995); Matter of Maliszewski on Behalf of Bowe, 162 Misc 2d 79 (NY Sup. Ct. Rockland Cty 1994).

In the case at bar, the child's father, Markus Wilson, refused to consent to the name change and failed to appear on the return date of the petition. A hearing was held where it was established that Mr. Wilson was properly served with notice of the hearing, but would not accept the documents. The petitioner wanted to change her daughter's name for convenience sake. Ms. Trevellian indicated that her son's surname was Trevellian and her daughter would soon be attending the same school as her brother. Both children were fathered by Mr. Wilson. Petitioner wanted to present a unified family for doctor's appointments, church activities and school purposes. Petitioner testified that Mr. Wilson does not want his daughter's name changed. She indicated that Mr. Wilson has an ongoing relationship with both of his children; he picks them up every other weekend and pays child support. There is an outstanding issue between petitioner and Mr. Wilson regarding payment to the petitioner for out-of-pocket medical expenses for the children. Petitioner advised this Court that three year-old Caitlin has inquired, at least once, as to why her name was different from her brother's name. It should be noted that petitioner's son's name is Alexander Wilson Trevellian.

Considering the foregoing and the best interests of the child, this Court is not persuaded that there is any compelling reason to change the child's name. The petitioner has not established how the best interests of the child will be served by changing her surname. Matter of Maliszewski on Behalf of Bowe, supra; Jeanty v. Marshall, NYLJ, July 29, 2003, p.22, c.5 (Sup. Ct. Kings Cty); Matter of Huddelston, NYLJ, July 19, 2005, p.21, c.1 (Sup. Ct. Suffolk Cty).

Accordingly, the petition is denied. [*2]

This constitutes the decision and order of the Court.

Dated: May 17, 2006________________________

Genine D. Edwards, J.C.C.