In re Willoughby

In In re Willoughby, 11th Dist. No. 2003-L-050, 2004 Ohio 2079, three children, through their mother, filed an application to change their surname from that of their father to that of their mother. The trial court found that a name change was not in the children's best interest and denied the application. The court of appeals affirmed. The court found it could not conclude that the trial court abused its discretion based on the following application of the In re Willhite (1999) factors: a name change would destroy an already strained relationship between the children and their father; the name change only became an issue after the father attempted to deal with disrespectful behavior on the part of the children; the children have not used their mother's maiden name for a significant length of time but they did testify that they desired the name change and all were sufficiently mature to do so; the children's surname is different from that of their residential parent but this only occurred because the mother reverted to her maiden name after the divorce; while the children testified they were teased because of their last name they could point to no specific instances of such teasing and there was no evidence that the children suffered embarrassment, discomfort, or inconvenience because they have a different surname than their residential parent; and the record demonstrated that the father desired a relationship with his children but that the mother has attempted to poison the relationship. Id. at P14.