In Re Leyna A.

Case Number
M2016-02548-COA-R3-JV

The parents of a minor child filed a petition to change the first and middle names of their child but not the surname. The trial court denied the petition without a hearing on the ground: “The Petition fails to state a valid reason for the name change, especially in light of the fact that Petitioners seek to change someone else’s name.” The parents filed a motion to alter or amend the judgment. They supported their motion with letters written by the sixteen-year-old child, the child’s doctor, the child’s therapist, and one of the child’s teachers, each explaining why the name change was in the child’s best interest. Without ruling on the motion, the trial court set the matter for an evidentiary hearing during which the mother, father, and child testified, and the letters from the doctor, therapist, and teacher were admitted into evidence. Thereafter, the trial court denied the motion to alter or amend because “the controlling law has not changed,” no “previously unavailable evidence became available,” and “Petitioners have not shown that there was a clear error of law or that an injustice occurred.” The trial court also ruled on the merits of the petition and denied and dismissed the petition. This appeal followed. We have determined that the trial court erred by denying the motion to alter or amend the initial order because the petition stated a claim for which relief could be granted. As for the court’s ruling on the merits of the petition following the evidentiary hearing, we have determined that the evidence preponderates against the trial court’s finding that Petitioners failed to show that it was in the child’s best interest to change his first and middle names. We have also determined that the court’s legal conclusions were based on an erroneous assessment of the law. Having determined that (1) Petitioners complied with and satisfied all procedural and legal requirements for a name change, (2) the preponderance of the evidence established that changing the child’s first and middle names was in the child’s best interest, and (3) there is no legal basis upon which to deny the petition, we reverse the judgment of the trial court and remand with instructions to enter judgment approving the petition to change the child’s name as requested in the petition.

Authoring Judge
Judge Frank G. Clement
Originating Judge
Judge Deanna B. Johnson
Case Name
In Re Leyna A.
Date Filed
Dissent or Concur
No
Download PDF Version