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Appeals court hears challenge to judge’s decision to change child’s surname to father’s name
Summary
A three‑judge panel of the Appeals Court heard Jan. 6 argument over whether a Superior Court judge properly changed a 5‑year‑old child’s surname to the father’s, focusing on whether the judge applied the state’s factor‑based best‑interest test and set out adequate findings.
The Massachusetts Appeals Court heard oral argument Jan. 6 in Pagliarini v. Bercowski over a Superior Court order changing a child’s surname from the mother’s to the father’s. The appeal centers on whether the trial judge applied the correct legal standard and made the requisite findings when ordering the change.
Why it matters: Name‑change decisions for young children turn on the child’s best interest. Appellate guidance in the state requires judges to weigh specific factors and to avoid assuming that a child should default to a father’s surname. Parties also asked whether the trial judge sufficiently explained how…
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