Matter of Kobra, 46 Misc.3d 54, 2 N.Y.S.3d 313 (N.Y. App. Term 2014)
Oct 29, 2014OUTCOME: The Supreme Court, Appellate Term, held that court erroneously denied petitions without conducting full hearing on record. Reversed and remitted.
In consolidated proceedings to change the names of petitioner's two infant children, Civil Court erred in dismissing the petitions without an evidentiary hearing on the basis that the proposed name cha ... nges, because the children's surnames would not match either parent's surname or each other's surnames, were inconsistent with American social customs and accepted practices. An application to change the name of a minor may not be denied without a hearing. Moreover, an objection to a proposed name change for a child must relate to the child's best interests or bear on the parent's relationship with the child. Although a court may consider the inclusion of one or both parents' surnames as one among a myriad of factors, Anglo-American patronymic custom is relevant to neither of those concerns. Additionally, to the extent Civil Court sought to limit petitioner's right to petition in the future to change her children's names, the court exceeded its authority, which was only to determine the petitions pending before it.