California Supreme Court

In Re Marriage of Schiffman

December 22, 1980620 P.2d 579

Summary

The California Supreme Court held that the common‑law rule granting fathers a primary right to their child’s surname is abolished; surname disputes must be decided by the best‑interest‑of‑the‑child test. Accordingly, the trial court’s interlocutory decree changing the child’s surname was reversed and the case remanded for a best‑interest determination.

Holding

  • Whether the common‑law rule giving fathers a primary right to their child’s surname remains valid in California.. The rule is abolished; fathers no longer have a primary right to the child’s surname.
  • Whether the Uniform Parentage Act and related statutes supersede the common‑law rule.. The Uniform Parentage Act and related statutes abrogate the father’s primary‑right rule; the best‑interest test now governs surname disputes.
  • What standard should be applied to resolve disputes over a child’s surname.. Disputes shall be decided according to the best interests of the child.
  • Whether the trial court’s interlocutory decree changing the child’s surname should be reversed.. The decree is reversed.
  • Whether the case should be remanded for a best‑interest determination of the surname.. The case is remanded to the trial court to determine whether the father’s requested name change serves the child’s best interests.

Docket S.F. 24167

Cited authorities

  • 50 Harv. L. Rev. 4
  • 82 Dick. L. Rev. 101

Cited by

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