In the Matter of the Petition of Berger - 20090198
Case Summary
Lance Berger appeals a district court order denying his petition to change the name of his son, K.F., to K.B.
Berger and Amber Myhre are the parents of K.F., who was seven years old at the time this action began. Berger and Myhre have never been married. Myhre is the custodial parent of K.F. K.F. was given his mother's maiden and then-last name at birth. Berger contested paternity, and paternity was established when K.F. was four months old. Berger has exercised visitation with K.F. since K.F. was fifteen months old. In June 2008, Myhre married and changed her last name to Myhre. K.F. retained his last name. In April 2009, Berger petitioned to change K.F.'s last name to Berger so that K.F. would have the same last name as one of his parents. Myhre objected. The district court held a hearing on the petition in May 2009, during which both Myhre and Berger testified. The court also considered affidavits from Berger and Myhre and various members of their respective families. The district court denied the petition, finding Berger failed to establish proper and reasonable cause to change K.F.'s name and finding Berger failed to show the name change would be in K.F.'s best interests.
On appeal, Berger argues the district court erred in denying the petition to change K.F.'s name and erred in considering untimely affidavits filed by Myhre. Myhre contends the district court properly denied the petition to change K.F.'s name and properly considered the affidavits she filed.