dissenting in part and concurring in part.
[¶ 11] I agree with the majority’s conclusion that “proper and reasonable cause” under N.D.C.C. § 32-28-02 includes consideration of the best interests of the child in the context of a petition to change the name of a minor child. I also agree with the majority opinion that the standard of review for this Court is whether the trial court abused its discretion. “An abuse of discretion occurs only when the trial court acts in a arbitrary, unconscionable, or unreasonable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination.” Erizan v. Krizan, 1998 ND 186, ¶ 13, 585 N.W.2d 576. I am of the opinion, that under this standard of review, the trial court did abuse its discretion in denying the request for a name change for the minor child.
[¶ 12] The biological mother and father have never been married. At birth, the child was given her mother’s maiden name. She has always carried her mother’s maiden name and never her biological father’s surname. Despite the fact that the child carried a last name different than the biological father’s name, there is nothing in the record to indicate this difference affected their relationship. In fact, the record indicates the biological father has joint legal custody and a good, loving relationship with the child. The mother’s last name has changed as a result of her marriage. The trial court ordered that the child’s last name must remain the mother’s maiden name. The mother’s maiden name, at this point, is not the mother’s last name nor the father’s last name. If the child’s last name was her mother’s current last name and the last name of the family unit she is now a part of, it is difficult to understand how questions would arise concerning her last name. The child, however, will certainly be questioned as to why she does not carry either the last name of her mother or her father. Indeed, she will be placed in the position of explaining that her last name is her mother’s maiden name. This child will consequently be placed in the position of revealing that she is illegitimate. Placing the child in this position is not in her best interests.
[¶ 13] This is not a case where the minor child currently bears the last name of the biological father. Because the trial court did not, and he specifically stated he did not, apply what was in the best interests of the minor child, I would reverse and remand for the trial court to apply the correct standard.
[¶ 14] Mary Muehlen Maring