NORTH CAROLINA LAW REVIEW Volume 75 | Number 5 Article 3 6-1-1997 We Are Family: Valuing Associationalism in Disputes over Children's Surnames Merle H. Weiner Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Merle H. Weiner, We Are Family: Valuing Associationalism in Disputes over Children's Surnames, 75 N.C. L. Rev. 1625 (1997). Available at: http://scholarship.law.unc.edu/nclr/vol75/iss5/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. "WE ARE FAMILY"*: VALUING ASSOCIATIONALISM IN DISPUTES OVER CHILDREN'S SURNAMES MERLE H. WEINER** An increasingvolume of litigation has arisen between divorced or separated parents concerning the surnames of their minor children. For example, a newly divorced mother will sometimes petition the court to change her child's surnamefrom the surname of the absent father to the mother's birth surname or her remarried surname. Courts adjudicating such petitions usually apply one of three standards: a presumption favoring the status quo, a "best interest of the child" test, or a custodial parent presumption. In this Article, Professor Merle Weiner argues that all three of these standards are flawed-either in their express requirements or in their application by the courts-because they reflect men's conception of surnames and undervalue associationalistprinciples. After setting forth her feminist methodology, Professor Weiner explores the differences between men's and women's experiences with their own surnames.