This section contains the nature of the case and procedural background.

Ms. Herdman (W) and Mr. Schiffman (H) were married in 1977 and separated six months later. W was four months pregnant, and on her petition for dissolution, she noted that there was with an unborn child. The child was born on November 2, 1977, and W registered the name as Aita Marie Herdman on the birth certificate. The trial court granted dissolution on February 21, 1978, and custody was granted to W. The court raised the question of the surname and relying upon prior case law ruled that the child’s surname was to be the surname of the father. The court also ruled that W had no authority to change that surname without a court order. W appealed.

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