Application of BjerkeNo. 20110022

Per Curiam.

[¶1] Blair Radomski appeals from the district court's order granting Niccole Bjerke's application to change their minor son's last name. Radomski argues that the district court abused its discretion in granting the application and also that the "best interests of the child" standard is not adequate for reviewing such applications for minors. We summarily affirm the district court's judgment under N.D.R.App.P. 35.1(a)(4). Because the appeal is not frivolous, we deny the motion for attorney's fees and costs.

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner