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Reason
Reason
Eugene Volokh

SHOCKING: Bringing shame on the family name - You Need To See This

From In re: Name Change of L.L.N., decided Monday by Pennsylvania Superior Court Presiding Judge Anne Lazarus, joined by Judges Jill Beck and John Bender:

The trial court set forth the factual and procedural history of this case as follows:

[Child] was born [in May 2020,] during the marriage of [the parties, who] divorced on December 19, 2022[. Mother] resumed using her prior surname of K[.], and [ ] desire[d] to change the name of [Child] from L.L.N. to L.L.K. for the following reasons: [

  1. Father has not had contact with Child since shortly before her first birthday, in May 2021;
  2. Father has been convicted of multiple counts of DUI as well as harassment, is currently in prison, and will not be released from prison until November 2026, at the earliest;
  3. Father is precluded from having contact with Mother as a condition of his probationary sentence for harassment;
  4. Mother desires to protect Child from any stigma and/or emotional or psychological trauma that may result from having Father's last name while living in the same community in which he committed the above crimes; and
  5. Mother desires to share the same last name with Child, as well as to have Child share the same last name with her 8-year-old half-brother.] …

[Father filed a response to Mother's petition.] While [Father] does not deny his record of criminal convictions as alleged by [Mother], he does note that[, due to a correction in one of his sentencing orders, he "]should be released from SCI not later than November 2025." [Father] also alleges that [Mother] ["]has been shamelessly alienating [ ] Child from [him] long before Father ever pled guilty to DUI and began serving his sentence for it. [Mother] is apparently using this name change petition as part of her ongoing and stubborn attempt to [a]lienate [ ] Child from [ ] Father.["] …

[At the hearing, Mother presented two news articles that were returned in a Google search of "[Father's name] Mechanicsburg, Pennsylvania." The articles, from the York Daily Record and FOX43 websites, detailed an incident in which Father was "found sleeping half-naked in his car at a Rutter's store" and offered an investigating officer $50 instead of his license. The articles indicate that Father was charged with DUI, indecent exposure, open lewdness, and other related charges.] …

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