Chad M. Doherty wasn’t married to Christy M. Wizner when their daughter was born in April 2004, but he nonetheless wanted the child to bear the surname Doherty and objected to the mother’s bestowing on her instead the surname Wizner. Both sides lawyered up and have been duking it out in court ever since. A trial judge ruled in the father’s favor, finding it of significance that Wizner was the name of the mother’s former spouse but not the mother’s birth surname. The Oregon Court of Appeals, invoking an 11-factor balancing test, reversed the ruling and allowed the mother’s choice to prevail. The mother says she wants the girl to bear the same surname as her older siblings. (Ashbel S. Green, “For a baby name with appeal, try appeals court”, The Oregonian, Jan. 1).
P.S. I see J. Craig Williams got this first (Jan. 3)(via Blawg Review #90 at Minor Wisdom).
One Comment
“11-factor balancing test” — the bane of legal analysis of our time. What a concept.