Tennessee Children Allowed to Change Surname Following Father’s Abuse

Tennessee law case summary on name change in divorce and family law from the Court of Appeals.

Jeanette Hill v. Michael Lester Hill – Children’s Name Change Following Divorce

Jeanette Hill, the mother, and Michael Lester Hill, the father, were married in 1994.   The mother had one daughter (“the daughter”) from a previous relationship,  and the mother and father had two children together, in 1995 and 1997.  In October 2003, the mother discovered that the father had been molesting the daughter for approximately four years.  One week later, the father confessed to the abuse in writing, at the local police station.

The mother immediately filed for divorce, which was granted in September 2004.  The father was also incarcerated for molesting the daughter and denied visitations with any of the children.  Marital property was divided and the father’s child support was set using his assets.

In April 2008, the mother applied to change her surname and the children’s surnames.  The father opposed the petition.  Following a trial, in February 2011, the trial court held that the children had the right, through their mother, to change their surnames.  The court held that the primary consideration in determining whether or not a child is permitted to change his or her surname is what is in the best interests of the child.  In earlier cases cited, a parent’s misconduct or heinous crime, which could stigmatize the child, was justification enough to permit the name change.

The court also held that the parent asking for the name change must show that the change is actually in the children’s best interests.    The court cited several factors to consider when making this determination.  One factor is whether the children themselves want the name change.  The court will also consider for how long the children have carried the current surname and how the name change will potentially impact on the children’s relationships with both parents.   Finally, the court considers the current surname and the proposed surname and weighs how each is viewed within the community and the difficulty or embarrassment the children may have with each name.    This list, however, is not closed and the court has discretion on the matter.

The trial court held that due to the nature of the father’s crime, and the fact that he was incarcerated for this crime, it was in the best interests of the children to change their surname.  The appeals court upheld the lower court’s ruling and permitted the name change.

E2011-00611-COA-R3-CV (Tenn. Ct. App. Aug. 24, 2011).

See original opinion for exact language.  Legal citations omitted.

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