Tennessee household regulation case abstract on kids’s identify change and naming rights.
The 2 kids on this Washington County, Tennessee, case have been born in 2019 to unwed mother and father. The mother and father mediated the problems involving parenting schedules and little one assist, however have been unable to agree upon the kid’s surname. On the day of their start, the mom gave them her surname, and two days later, the daddy filed a petition asking to vary their names. A listening to was held the subsequent month earlier than Decide Robert D. Arnold, and the mother and father each testified.
The daddy made plenty of arguments. First, he famous that the youngsters had a half-sister together with his surname. Additionally, he was a “IV,” and the final male carrying his household identify. Thus after, his loss of life, his identify would die with him. He additionally argued that as a doctor, his identify was revered in the neighborhood, and would particularly profit the youngsters in the event that they selected to pursue a medical occupation. He identified that the mom was relationship somebody, and will simply marry and alter her identify. Additionally, she labored as a stripper underneath her earlier married identify.
The mom defined that the work as a stripper had solely been for a short while, and a few years prior to now, and that she by no means deliberate to vary her identify. She additionally identified that she was a nurse and her identify was revered in the neighborhood for that motive. After an oral ruling, the trial court docket granted the daddy’s request and adjusted the identify. The mom then appealed to the Tennessee Courtroom of Appeals.
The court docket cited a 1993 case laying out the circumstances underneath which names could also be modified. The mom argued that the daddy had didn’t fulfill the 5 checks laid out in that case.
Sadly, the appeals court docket held that it was unable to determine the case. The decrease court docket had made an oral ruling, however didn’t lay out particular factual findings in assist of its choice. The appeals court docket identified that courts communicate solely via their written judgments. On this case, there was solely an oral pronouncement, and even this was not made a part of a written judgment. For these causes, the appeals court docket held that the document was inadequate to overview the case. Subsequently, it vacated the decrease court docket’s judgment and remanded the case.
The mom additionally requested her lawyer charges on attraction, however the Courtroom of Appeals declined to make such an award.
For these causes, the Courtroom of Appeals vacated the case and remanded.
No. E2019-01698-COA-R3-CV (Tenn. Ct. App. June 30, 2020).
See authentic opinion for actual language. Authorized citations omitted.
To be taught extra, see Child Custody Laws in Tennessee.
See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes examples of parenting plans and little one assist worksheets from actual circumstances accessible on Amazon.com.