CHARLES W. WELCH, III JUDGE
David J. Bever, Esq.
Barros McNamara,Malkiewicz &
Taylor, P.A.
2 West Loockerman Street
P O Box 1298
Dover, DE 19903 Ms. Angelique Ford
113 Lynch Road
Milford, DE 19963
Decision on Petition for Name Change for Minor Child
Dear Mr. Bever and Ms. Ford:
This matter involves a request for a name change of a minor child, Greyson Michael Scott Ford ("Greyson"), pursuant to Chapter 59 of Title 10 of the Delaware Code. The petition for name change requests that Greyson's name be changed to Greyson Hickman. The petition was filed by Greyson's natural father, Aaron Hickman, who is pursuing this name change on Greyson's behalf. The petition is contested by Greyson's natural mother, Angelique Ford. A hearing for this matter was held on July 30, 2018. At the conclusion of the hearing, the Court found that Mr. Hickman did not meet his burden of proof to show that a change of Greyson's surname to Hickman would be in Greyson's best interests. However, in the alternative, Mr. Hickman requested that his surname be added to Greyson's name pursuant to 10 Del. C. § 5904. Greyson's natural mother, Angelique Ford, does not oppose adding Mr. Hickman's surname to Greyson's surname. The Court found that Mr. Hickman was entitled to have his surname added to Greyson's surname pursuant to 10 Del. C. § 5904. However, an issue then arose as to how and where to add Mr. Hickman's surname to his son's name. The Court found that the surnames of Greyson's natural parents should both appear in Greyson's surname in a hyphenated fashion. Mr. Hickman desires that his surname should appear first in Greyson's hyphenated surname. Ms. Ford desires that her surname appear first in Greyson's hyphenated surname. This issue is the only one pending with the Court for this matter.
When considering which parent's surname should appear first in a hyphenated surname, the Court needs to apply the same legal standard that it does for all change of name petitions for minors, which variation is in the best interests of the child. In this regard, the Court finds that neither parent made an argument of any consequence as to how Greyson's best interests would be served by having their surname first in his hyphenated surname. Therefore, it remains with the Court to determine which variation of the hyphenated surname would serve Greyson's best interests. The Court hereby finds that when all other factors are equal, it is in the best interests of any minor child having their surname changed to a hyphenated surname containing the surname of both parents, pursuant to 10 Del. C. § 5904, that the child's current surname should appear first in the hyphenated surname. Given this finding, the Court hereby changes Greyson's name to "Greyson Michael Scott Ford-Hickman."
The Court finds that it will serve Greyson's best interests to use his previous surname as the first name in his new hyphenated surname since all of his records, including all medical and government records, are in his previous surname of Ford. Changing the first name in his hyphenated surname to Hickman would only serve to confuse the custodians of such records.
IT IS SO ORDERED.
Sincerely,
/s/
Charles W. Welch, III CWW:mek