Unwed Dad Not Entitled to Give His Surname to Child

Tennessee child support case summary on child’s surname change in family law.

Dad didn’t meet burden of proof in order to change child’s surname to his.

Brett Thomas Ferguson v. Lucy Maria Traughber

The child in this Robertson County, Tennessee, case was born to unwed parents in 2021.  The matter was heard by Judge Joel Perry, who approved the parenting plan and set child support.  A hearing was held on the father’s petition to change the child’s name, and the trial court granted the petition to change it to his surname.  It found that the father’s name’s name had community respect, notability, and recognition.  The mother proposed keeping her name, or the use of a hyphenated name.  The trial court found, however, that the hyphenated name would present problems for the child in learning how to write it.  The trial court cited numerous relatives of the father, and that the child would benefit from bearing that name.

After an unsuccessful motion for rehearing, the mother appealed to the Tennessee Court of Appeals.  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.  One seeking to change that name bears the burden of proof that the change is in the child’s best interest.  The court noted that the amount of proof necessary is “not insubstantial,” and that minor inconvenience or embarrassment is not sufficient.  In particular, Tennessee does not recognize a presumption that the child should bear the father’s name.

The appeals court did agree with the lower court that the father’s name was prominent in the community.  But it also noted that the mother’s name was also well known as the name of a long-time bank employee.

The mother also pointed out that the child had a half-sibling with her surname and that documents such as a social security card were already issued in that name.

The appeals court agreed that both families were upstanding in the community.  Upon  examination, the lower court’s order seemed to be based more upon tradition, and the feelings of the father’s family.  But since Tennessee does not have a legal presumption favoring the father’s surname, it held that the lower court’s order was not supported by the evidence.  For that reason, it reversed and remanded.

No. M2023-01052-COA-R3-JV (Tenn. Ct. App. July 2, 2024).

See original opinion for exact language.  Legal citations omitted.