Does the error in dismissing the paternity cause of action permeate the determination against plaintiff on the change of surname issue?

California, United States of America


The following excerpt is from Donald J. v. Evna M., 147 Cal.Rptr. 15, 81 Cal.App.3d 929 (Cal. App. 1978):

The error in dismissing the paternity cause of action also permeates the determination against plaintiff on the change of surname issue, necessitating a reversal of that determination. As previously pointed out, the trial court, in resolving the change of surname issue adversely to plaintiff, did not apply the legal standard to be used in a case where a natural parent is seeking to change his or her child's surname against the objection of the child's other natural parent. If plaintiff is successful in proving that he is the natural father of Shalene he is entitled to have the change of surname issue redetermined in light of the appropriate standard (cf. Tomei v. Henning (1967) 67 Cal.2d 319, 324, 62 Cal.Rptr. 9, 431 P.2d 633); we therefore reverse the decision on the change of surname issue for that purpose (cf. In re Marriage of Van Sickle, supra, 68 Cal.App.3d 728, 743, 137 Cal.Rptr. 568).

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