Re: PETITION OF TWO MINORS FOR CHANGE OF NAME.
65 Mass. App. Ct. 850
In determining a child's best interests with respect to a proposed change in surname, a judge may consider various factors, "includ[ing] the effect of the change of the child's surname on the preservation and development of the child's relationship with each parent and other siblings; the length of time the child has utilized a given name; the age of the child as it may relate to his or her identification with the surname; and the difficulties and embarrassment that the child may experience from bearing the present or proposed surname." Jones v. Roe, 33 Mass. App. Ct. at 664. Richards v. Mason, 54 Mass. App. Ct. at 571-572. [Note 16]
See Mark v. Kahn, 333 Mass. 517 , 521-522 (1956) ("A change of name may not be in the child's best interest if the effect of such change is to contribute to the further estrangement of the
Page 857
child from a father who exhibits a desire to preserve the parental relationship"). The personal preference of a child of suitable age and maturity should also be considered. See Richards v. Mason, 54 Mass. App. Ct. at 570, 572. See also Mark v. Kahn, 333 Mass. at 521.
Based on this case which holds the issue at bar, I believe it could be effectively argued in OP's favor, if OP has been accurate in what she has stated, which was that the father was denied visitation, has been uninvolved, documented drug use, etc.
If father shows up to contest, that could be seen as some sort of wish to be involved, so that should certainly be considered. I think mom would have a better than 50/50 shot to get it changed, if her name was changed first obviously.
If the father is indeed absent, and the child is 2, and moms name is changed back to maiden, it would be in the childs best interest to change it. In my opinion.
I could be wrong, but I doubt it.