Berger v. Myhre

[¶ 26] I concur in parts III and IV of the majority’s opinion. I respectfully dissent from part II and the majority’s affir-mance of the order denying Berger’s petition to change the surname of his son to Berger.

[¶ 27] Section 32-28-02, N.D.C.C., provides for a name change when “there exists proper and reasonable cause” and includes consideration of the best interests of the child when a minor child’s name is to be changed. Grad v. Jepson, 2002 ND 153, ¶ 7, 652 N.W.2d 324. I am left with a firm conviction a mistake has been made and, that the court has abused its discretion in denying the…