IN RE MARRIAGE OF SCHIFFMAN

Docket No. S.F. 24167.

28 Cal.3d 640 (1980)

620 P.2d 579

169 Cal. Rptr. 918

In re the Marriage of PATRICIA C. and JASON A. SCHIFFMAN. PATRICIA C. HERDMAN (SCHIFFMAN), Appellant, v. JASON A. SCHIFFMAN, Respondent.

Supreme Court of California.

December 22, 1980.


Attorney(s) appearing for the Case

COUNSEL

Suzanne J. Chapot, Harriet Parker-Bass, Chapot & Parker-Bass, Curtis A. Freund and Caldecott, Peck, Phillips & Stewart for Appellant.

Harry Bluer for Respondent.


OPINION

NEWMAN, J.

Appellant challenges the portion of an interlocutory decree that changes her child's surname from appellant's birth name (formerly called "maiden name") to the surname of the father and enjoins each parent from any further change without court permission.

We confront a conflict between (1) common law and custom, which have given the father a "primary right" to have his child bear his surname, and (2) the...

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