In re Change of Name for A.C.S.

OPINION

MATTHEWS, Justice.

The question presented is whether the superior court properly denied a father's petition to change the surname of his preschool-age child to a hyphenated name containing both parents' surnames. We conclude that the court erred. We do so primarily because the court allocated to the father the burden of proving that the change was in the best interests of the child. Sinee this was an initial naming dispute, neither parent should have had a burden of proof.

I. FACTS AND PROCEEDINGS

The son of Eric Gieser and Lisa Starling was born on May 12, 2002. Gieser and Starling were…