Tennessee household regulation case abstract on youngsters’s title change and naming rights.
The 2 youngsters on this Washington County, Tennessee, case have been born in 2019 to unwed dad and mom. The dad and mom mediated the problems involving parenting schedules and youngster help, however have been unable to agree upon the kid’s surname. On the day of their delivery, 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 following month earlier than Decide Robert D. Arnold, and the dad and mom each testified.
The daddy made various arguments. First, he famous that the kids had a half-sister along with his surname. Additionally, he was a “IV,” and the final male carrying his household title. Thus after, his loss of life, his title would die with him. He additionally argued that as a doctor, his title was revered locally, and would particularly profit the kids in the event that they selected to pursue a medical occupation. He identified that the mom was courting somebody, and will simply marry and alter her title. Additionally, she labored as a stripper below her earlier married title.
The mom defined that the work as a stripper had solely been for a short while, and a few years up to now, and that she by no means deliberate to vary her title. She additionally identified that she was a nurse and her title was revered locally for that motive. After an oral ruling, the trial court docket granted the daddy’s request and adjusted the title. The mom then appealed to the Tennessee Courtroom of Appeals.
The court docket cited a 1993 case laying out the circumstances below which names could also be modified. The mom argued that the daddy had didn’t fulfill the 5 assessments 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 help of its resolution. The appeals court docket identified that courts converse 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 report was inadequate to overview the case. Due to this fact, it vacated the decrease court docket’s judgment and remanded the case.
The mom additionally requested her legal professional 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 study 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 youngster help worksheets from actual instances accessible on Amazon.com.