The Volokh Conspiracy - Apparently Coming from an Illustrious Irish Family Doesn't Take You as Far as You Might Like:

From a New York trial court decision, May 15, 2006 (paragraph break added):

This petition, to change the surname of a three-year-old minor and amend the child's birth and baptismal certificates, by the child's father, her non-custodial parent, is replete with accusations about the mother's alleged reprehensible and irresponsible conduct, as contrasted with the father's self-suffering [sic] assertions of religious devotion, piety, and upstanding behavior. Petitioner's histrionics are worthy of a Harlequin Romance novel or what was once known in Hollywood as a "four hankie" movie....

It is undisputed that Sean Wilson and Caroline Kilkenny had a relationship from late 2001 to August 2002, and that Ms. Kilkenny became pregnant with Mr. Wilson's child, Claudia Rose Kilkenny, who was born on April 29, 2003 at Lawrence Hospital, Bronxville, New York. The infant has resided continuously with her mother, at the mother's residence in Yonkers, New York....

Petitioner's grounds for changing the child's name include that the father: has an M.B.A. degree and is a C.P.A.; is a practicing Roman Catholic; and, is a member of the "Ancient Order of Hibernia" [sic]. Further, petitioner claims that "[m]y family heritage stems from Ireland and has a depth of history and vitality that procures immediate respect and good will in that region by the mere mention of my surname, Wilson."

He then claims that the name change would: save Claudia "the embarrassment associated with being a fatherless child"; "avoid any feelings of alienation arising in the child from having a different surname from that of Petitioner"; and, "prevent scorn and contempt from befalling Claudia as being associated as a societal bastard' child." ...

As you might gather, the court denies the petition. (The careful reader, incidentally, will have noticed that the request for an order to change the baptismal certificate, which is to say for an order that the Catholic Church change the baptismal certificate, seeks a remedy foreclosed by the First Amendment. The court noticed it, too.)

(link)

donaldk2 (mail):

Counting the months as folks used to do, one can conclude that as soon as his lady friend turned up pregnant, he took a walk. Mr. Nice Guy!

11.3.2006 3:24pm

Hoosier:

So "Wilson" is a well-respected Irish name. And "Kilkenny" is dirt.

In Ireland.

Hmm.

Interesting thesis.

11.3.2006 3:25pm

happylee:

Kilkenny makes me think of southpark...you know b/c they "kilkenny" in almost every episode. This trauma alone justifies changing the poor girls name to Wilson. Even better, change it to Lee. That's a name that still gets respect in Virginia and other former alliance states...

11.3.2006 3:31pm

John Burgess (mail) (www):

It's all about the cats...

11.3.2006 3:32pm

I believe Wilson is Scots-Irish. Not quite the same thing.

11.3.2006 3:36pm

Oris (mail) (www):

Heh. I had one of these, complete with the histrionics, during the summer I spent at the Probate &Family Court. My judge asked me to find out whether there was any case law supporting the non-custodial father's position. To my utter lack of surprise, the case law (in Massachusetts) says that in the absence of a compelling reason why the child would benefit from the name change (for example, if Dad were a Rockefeller), the court won't require it. The punchline in my case was that Mom had already voluntarily met Dad halfway and changed the child's last name to Dad's. Dad was now trying to force her to change the child's first name as well. Apparently, since Dad was John Jacob Jingleheimer-Smith III, it was terribly important that his first son's name be John Jacob Jingleheimer-Smith IV. I felt bad for the poor young woman, who spent altogether too long being badgered by her ex-boyfriend's lawyer. None of this went over well with my judge.

11.3.2006 3:37pm

Brennan:

What a maroon. If he really thinks that having a different surname will likely cause "alienation" from a differently named parent, then won't changing the poor kid's name just alienate her from her mom?

I would have hoped that he might have thought, hey, maybe the way to avoid any alienation from my daughter is to be a active and loving parent for the rest of life. Instead, he apparently decided, nah, I'll just engage my kid's mom in frivolous (and doubtless expensive) litigation, that'll show her I cared.

11.3.2006 3:42pm

Steve:

When I worked at Legal Aid, a thirtysomething gent came to us with the story that he had recently reunited with his biological mother, and he wanted us to pursue an adult adoption on their behalf to aid in the "bonding" process. Sadly, we had to tell him we weren't really equipped to devote resources to his rather unique situation.

11.3.2006 3:45pm

ReaderY:

If he wants members of society to think of his child as having a father who shows a little responsibility and doesn't abscond on the mother the minute she becomes pregant, the remedy would seem to be in his own hands. This seems to be one more example where people look to judges and courts to solve things they're perfectly capable of solving themselves.

11.3.2006 4:14pm

crane (mail):

Since he never married his child's mother, doesn't that technically make her a bastard regardless of what her surname is?

11.3.2006 4:32pm

PersonFromPorlock:

"Cabeza da Vaca" is also a well-regarded name in some ethnic circles. With minor changes it might fit Mr. Wilson quite well.

11.3.2006 4:56pm

DeezRightWingNutz:

Did I miss something, or are people who say that the father ran out on the mother just making an assumption wholly unsupported by the excerpt? Couldn't she have thrown him out on his ear? Couldn't the father desire nothing more than to be an involved and doting father, but she might be preventing him from doing so?

11.3.2006 5:08pm

Pub Editor (mail):

Professor,

Is there no link to the complete opinion?

11.3.2006 5:15pm

The excerpt does mention the duration of the relationship and the child's date of birth. If we assume a standard 9-month pregnancy, conception would have occurred around the end of July, and of course the relationship ended in August. Now, we don't know why the relationship ended, but that timing would seem to suggest that Mr. Wilson preferred not to take on the responsibilities of a husband and father.

Note, as well, that he is not suing for custody, but only for a change of name. Since his child is living in Yonkers, New York in the twenty-first century, it seems reasonable to assume that she will not be greatly discriminated against by society for failing to bear her father's surname.

And, really, how can you take any man seriously who claims that going to Ireland and telling the locals that your last name is Wilson "procures immediate respect and good will?" That's a common name, and not such a small population.

11.3.2006 5:26pm

Edward A. Hoffman (mail):

Perhaps Ms. Kilkenny gave Mr. Wilson the heave-ho as soon as she learned she was pregnant and had to consider what kind of father he would be. We're only now learning what a jerk the guy is, but I'll bet she had plenty of evidence when they split up.

Hopefully Wilson wrote his petition in pro per. I'd hate to think that a lawyer made such absurd and offensive arguments in a court pleading.

11.3.2006 7:14pm

cathyf:

So I'm back at scratching my head over the logic that says that little Claudia having a different surname than her custodial mother will decrease, rather than increase, the probability that others will notice that she's a bastard...

Well, anyway, I think Claudia is quite lucky that he's not asking for custody...

11.3.2006 9:06pm

Eugene Volokh (www):

Pub Editor: I don't know where to find it on the free Web, but if you find it, please let me know.

11.3.2006 9:31pm

John (mail):

The full decision is a pdf that can be found as follows:
First, go here:
http://decisions.courts.state.ny.us/search/query3.asp

Second, type kilkenny in the search window and click "start search."

Third, from the listed pdf's that you get, the one that you want is:

2300083862005100sciv.pdf

I'm sure there's some way for a more adept searcher to get the decision, but that worked.

On the decision itself, there seems to be a fair bit of law on this subject, ridiculous as it seems. The Court sagely concluded,"When Claudia reaches the age of majority she certainly has the option, if she desires, to change her surname to “Wilson” or “Kilkenny Wilson,” or anything else."

11.4.2006 12:15am

Ginny @ Chicagoboyz (mail):

I might (quite rightly) be accused of namism or some such, but when I taught one class at the local prison, out of a class of about 16, three were named Wilson. I'm not sure that is all that great a name to bear - though I suspect it comes from the same ethnic group that a good many of my ancestors did.

11.4.2006 1:30am

Rich Rostrom (mail):

According to MacLysaght, The Surnames of Ireland, Wilson

is by far the most numerous English surname in Ireland.

The alleged popularity of this name in Ireland didn't stop the IRA from assassinating Sir Henry Wilson, Irish-born ex-c-in-c of the British Army and flaming Unionist, in 1922.

11.4.2006 1:57pm

Ubertrout (mail) (www):

The opinion.

11.6.2006 10:56am