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.)
In Ireland.
Hmm.
Interesting thesis.
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.
Is there no link to the complete opinion?
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.
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.
Well, anyway, I think Claudia is quite lucky that he's not asking for custody...
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."
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.