Family Law

What If We Can't Agree on a Name for Our Child?

By Alexander Rhoads

Clients often ask which parent has the right to name their child, the mother or the father? The answer, at least under Iowa law, is neither. The Iowa Court of Appeals, in Montgomery v. Wells, 708 N.W.2d 704 (Iowa Ct. App. 2005), held that traditional notions of using the father's surname are outmoded and that, likewise, the mother of a child born out of wedlock does not have "veto power" over the child's name. Instead, the court requires a consideration of the child's best interests, including the following factors:

1. "Convenience for the child to have the same last name as or a different name from the custodial parent."
2. "Identification of the child as part of a family unit."
3. "Assurances by the mother that she would not change her name if she married or remarried if the child maintains the mother's surname."
4. "Avoiding embarrassment, inconvenience, or confusion for the custodial parent or the child."
5. "The length of time the surname has been used."
6. "Parental misconduct, such as support or non-support or maintaining or failing to maintain contact with the child."
7. "The degree of community respect associated with the present or changed name."
8. "A positive or adverse effect a name change may have on the bond between the child and either parent or the parents' families."
9. "Any delay in requesting or objecting to name name."
10. "The preference of the child if the child is of sufficient maturity to express a meaningful preference."
11. "Motivation by the parent seeking the change as an attempt to alienate the child from the other parent."
12. "And any other factor relevant to the child's best interest."

Full post as published by Iowa Divorce and Family Law on February 19, 2007 (boomark / email).