Judges Must State Reasons For Name Change on Record

Tennessee family law case summary on children’s name change and naming rights.

In Re Lachlan B., et al.

The two children in this Washington County, Tennessee, case were born in 2019 to unwed parents.  The parents mediated the issues involving parenting schedules and child support, but were unable to agree upon the child’s surname.  On the day of their birth, the mother gave them her surname, and two days later, the father filed a petition asking to change their names.  A hearing was held the next month before Judge Robert D. Arnold, and the parents both testified.

The father made a number of arguments.  First, he noted that the children had a half-sister with his surname.  Also, he was a “IV,” and the last male carrying his family name.  Thus after, his death, his name would die with him.  He also argued that as a physician, his name was respected in the community, and would especially benefit the children if they chose to pursue a medical profession.  He pointed out that the mother was dating someone, and could easily marry and change her name.  Also, she worked as a stripper under her earlier married name.

The mother explained that the work as a stripper had only been for a short time, and many years in the past, and that she never planned to change her name.  She also pointed out that she was a nurse and her name was respected in the community for that reason.  After an oral ruling, the trial court granted the father’s request and changed the name.  The mother then appealed to the Tennessee Court of Appeals.

The court cited a 1993 case laying out the circumstances under which names may be changed.  The mother argued that the father had failed to satisfy the five tests specified in that case.

Unfortunately, the appeals court held that it was unable to decide the case.  The lower court had made an oral ruling, but did not lay out specific factual findings in support of its decision.  The appeals court pointed out that courts speak only through their written judgments.  In this case, there was only an oral pronouncement, and even this was not made part of a written judgment.  For these reasons, the appeals court held that the record was insufficient to review the case.  Therefore, it vacated the lower court’s judgment and remanded the case.

The mother also requested her attorney fees on appeal, but the Court of Appeals declined to make such an award.

For these reasons, the Court of Appeals vacated the case and remanded.

No. E2019-01698-COA-R3-CV (Tenn. Ct. App. June 30,  2020).

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.