Louisiana: Appeals Court Holds Child’s Right to Change Surname - BY: Kimberly B.

Link for opinion: http://www.la4th.org/opinion/2012/321971.pdf

In Louisiana, the 4^th District Court of Appeals held in St. Philip v. Montalbano, 108 So.3d 277, 2012-1090 (La.App. 4Cir. 1/9/13) that the child has the right to change his surname at the appropriate age.

Tina St. Philip filed for custody of her minor child and filed for child support. After the District Court granted the mother and biological father joint custody and specifying that the child (“LStP”) would retain the mother’s surname, however LStP  could choose to change his surname when he reached an appropriate age. Ms. St. Philip appealed.

LStP was born out of wedlock. During the initial hearing in 2011; the judge ruled that Ms. St. Philip and Mr. Montalbano will share joint custody as co-domiciliary parents. At all times any major decisions would be made by both parents including decisions about school, medical, mental health, extracurricular activities, religion and the like. Mr. Montalbano will have LStP every other weekend, as well as an additional six days during September and October 2011 as well as February, March and April 2012. Holiday visitation would be equal and alternated each year. Summer visitation will allow Mr. Montalbano three weeks in both June and July. LStP should have a notebook and the ability to speak to the other parent on the telephone. 

On appeal, Ms. St. Philip argued that the court ruled in error due to the “vague ruling” that LStP could make the decision on whether he would like to change his surname was contrary to the provisions of Louisiana law. Mr. Montalbano contended the court erred in ordering the transportation be paid by him 60% of the time and Ms. St. Philip 40% of the time. He also contended that the court erred in failing to designate him as the domiciliary parent.

The Appellate Court held that trial court’s ruling does not reflect any intent to change LStP’s surname and that the decision to change the surname was to be a joint decision.  Both of Mr. Montalbano arguments were declined due to lack of notice as well as unpersuasive arguments. The trial court’s judgment is affirmed.