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R-K-T-, Matter of

Facts

The mother sought to have her three and one-half year old child's name changed. The child's father and the mother, who were never married, separated approximately eight months after the birth of the child. The mother began living with another individual after the separation. The child refers to the other individual as 'daddy.' The mother testified at trial that she had no immediate plans to marry the individual. The father acknowledged at trial that he had not filed a paternity action to establish his parental rights and obligations. However, the father also testified that he has made child support payments over the last two and one-half years. Upon review, the trial court refused to grant the mother's petition for a name change.

The mother sought to have her three and one-half year old child's name changed. The child's father and the mother, who were never married, separated approximately eight months after the birth of the child. The mother began living with another individual after the separation. The child refers to the other individual as 'daddy.' The mother testified at trial that she had no immediate plans to marry the individual. The father acknowledged at trial that he had not filed a paternity action to establish his parental rights and obligations. However, the father also testified that he has made child support payments over the last two and one-half years. Upon review, the trial court refused to grant the mother's petition for a name change.

Issue

The sole issue on appeal is whether the trial court abused its discretion by refusing to grant the petition for a name change.

The sole issue on appeal is whether the trial court abused its discretion by refusing to grant the petition for a name change.

Rule

The trial court should grant a petition to change the name of a minor child, except when the court is convinced that the change is not in the child's best interests.

The trial court should grant a petition to change the name of a minor child, except when the court is convinced that the change is not in the child's best interests.

Analysis

The court applied the rule by noting that the trial court's scope of discretion to deny a child's name change petition is narrow since Missouri law favors the ability of the individual, including a child, to legally change his name. The court found that the trial court's concern about possible detriment was insufficient to deny the petition, especially in light of the lack of concrete evidence against the name change.

The court applied the rule by noting that the trial court's scope of discretion to deny a child's name change petition is narrow since Missouri law favors the ability of the individual, including a child, to legally change his name. The court found that the trial court's concern about possible detriment was insufficient to deny the petition, especially in light of the lack of concrete evidence against the name change.

Conclusion

The judgment is reversed and this cause is remanded with directions that the court enter judgment to grant the name change as prayed.

The judgment is reversed and this cause is remanded with directions that the court enter judgment to grant the name change as prayed.

Who won?

The appellant mother prevailed in the case because the court found no evidence that changing the child's name would be detrimental to anyone's interests.

The appellant mother prevailed in the case because the court found no evidence that changing the child's name would be detrimental to anyone's interests.

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