Father Loses Name Change for Kids

Fathers May Request Name Change

Tennessee name rights case summary.

Trevor Millmeyer v. Bridge Whitten

The twin children in this McNairy County, Tennessee, case were born to unwed parents in 2012.  In 2014, the father filed a petition to establish parentage and to set visitation and child support.  The parents were able to agree on most issues, but were unable to agree as to whether the children’s surnames should be changed to the father’s.  In 2018, a hearing was held before Judge Van McMahan, who issued a ruling the next month.  The trial court denied the name change on the grounds that the father had not proven that it was in the children’s best interests.  Dissatisfied with that outcome, the father appealed to the Tennessee Court of Appeals.

The appeals court first noted that under the relevant standard of review, the lower court’s findings could not be set aside unless the evidence preponderated against them.  Legal conclusions are reviewed de novo.

The appeals court started its analysis by reviewing the relevant statute, which states that a child born to unrelated parents normally receives the mother’s surname.  Later cases had fleshed out the circumstances in which the name may be changed, all of which depended on the child’s best interest.

In this case, there was no evidence as to the children’s preference, which might be a relevant factor.  The father testified that the name change would promote a closer relationship with him, but the trial court noted that he had presented no specific evidence to support this assertion.  Also, the children had already started school under the mother’s name, and this factor weighed in favor of retaining that name.

On appeal, the father once again offered his arguments, but the appeals court noted that the trial court had adequately considered these arguments.  It also cited a 2009 case with very similar facts, and in that case, the name had not been changed.

Since the evidence did not preponderate against the lower court’s ruling, the Court of Appeals affirmed.  It also assessed the costs of appeal against the father.

No. W2019-00586-COA-R3-jV (Tenn. Ct. App. Nov. 7, 2019).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Child Custody Laws in Tennessee.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.