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Can a Parent Get a Court Order to Change a Child's Middle Name

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  • 07-27-2016, 01:40 PM
    Megcole2002
    Can a Parent Get a Court Order to Change a Child's Middle Name
    My question involves name change laws in the State of: Arkansas

    My baby's biological father and I are unwed and have never been married. Before our son was born we had discussed several options for names and one was Thomas because that's his grandfathers name. However, I chose to name him something different. He has filed a petition to establish paternity and as part of the petition for custody is requesting the courts force me to change the baby's middle name to Thomas? Is this a real thing? Can I be forced to change his middle name??
  • 07-27-2016, 01:45 PM
    Dogmatique
    Re: Court Order to Change Middle Name
    Quote:

    Quoting Megcole2002
    View Post
    My question involves name change laws in the State of: Arkansas

    My baby's biological father and I are unwed and have never been married. Before our son was born we had discussed several options for names and one was Thomas because that's his grandfathers name. However, I chose to name him something different. He has filed a petition to establish paternity and as part of the petition for custody is requesting the courts force me to change the baby's middle name to Thomas? Is this a real thing? Can I be forced to change his middle name??

    Can the child's name be changed? Yes, the court can order that.

    Will it? We cannot say.
  • 07-27-2016, 01:59 PM
    Megcole2002
    Re: Court Order to Change Middle Name
    Quote:

    Quoting Dogmatique
    View Post
    Can the child's name be changed? Yes, the court can order that.

    Will it? We cannot say.

    So they can legally force me to change my child's middle name? That seriously blows my mind.
  • 07-27-2016, 02:01 PM
    Mr. Knowitall
    Re: Court Order to Change Middle Name
    Quote:

    Quoting Megcole2002
    View Post
    So they can legally force me to change my child's middle name? That seriously blows my mind.

    Unless there's something pretty remarkable about how the child was conceived, your child is also the father's child.
  • 07-27-2016, 02:04 PM
    Megcole2002
    Re: Court Order to Change Middle Name
    Of course he is, so the last name change is fine. However, I don't understand why his grandfathers name would be more important than a name deriving from my family as I am equally a parent.
  • 07-27-2016, 02:07 PM
    Mr. Knowitall
    Re: Court Order to Change Middle Name
    You have the right to argue in court that the child's middle name should not be changed.
  • 07-27-2016, 02:23 PM
    llworking
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting Megcole2002
    View Post
    My question involves name change laws in the State of: Arkansas

    My baby's biological father and I are unwed and have never been married. Before our son was born we had discussed several options for names and one was Thomas because that's his grandfathers name. However, I chose to name him something different. He has filed a petition to establish paternity and as part of the petition for custody is requesting the courts force me to change the baby's middle name to Thomas? Is this a real thing? Can I be forced to change his middle name??

    While its technically possible for a judge to order that a child's middle name be changed, I have never seen it done or heard of any specific case where it was done.
  • 07-27-2016, 02:26 PM
    Dogmatique
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting llworking
    View Post
    While its technically possible for a judge to order that a child's middle name be changed, I have never seen it done or heard of any specific case where it was done.

    That's probably because you wouldn't hear about it. C'mon now.
  • 07-27-2016, 02:40 PM
    Mr. Knowitall
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Such cases are rarely reported; but there's actually authority in Arkansas defining the legal standard for the court:
    Quote:

    Quoting Poindexter v. Poindexter, 360 Ark. 538, 203 S.W.3d 84, 86-87 (2005).
    [I]n cases involving disputes over a child's first name or middle name, the circuit court, in determining the child's best interest, should consider at least the following factors:

    (1) the child's preference; (2) the effect of the change of the child's name on the preservation and development of the child's relationship with each parent; (3) the length of time the child has borne a given name; (4) the degree of community respect associated with the present and proposed names; (5) the difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name; and (6) the existence of any parental misconduct or neglect.

    Although the child in Poindexter was just shy of six months old when the name change request was submitted to the court, with the best interest findings required for a child of any age, most of those factors will have little relevance to an infant.
  • 07-27-2016, 02:48 PM
    Megcole2002
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting Mr. Knowitall
    View Post
    Such cases are rarely reported; but there's actually authority in Arkansas defining the legal standard for the court:

    Although the child in Poindexter was just shy of six months old when the name change request was submitted to the court, with the best interest findings required for a child of any age, most of those factors will have little relevance to an infant.

    Thank you all so much for your insight
  • 07-27-2016, 03:24 PM
    BooRennie
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Why not give Junior two middle names?
  • 07-28-2016, 05:45 AM
    llworking
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting BooRennie
    View Post
    Why not give Junior two middle names?

    That would certainly be a way to resolve the issue.
  • 07-28-2016, 02:30 PM
    Megcole2002
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting llworking
    View Post
    That would certainly be a way to resolve the issue.

    Because we are discussing hyphenating his last name already and one of the two last names is 10 letters long lol but maybe if we can agree on one last name we could do both middles I really didn't consider that thank you
  • 07-28-2016, 03:05 PM
    Ohiogal
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    So he can't have five names? In many cultures children do. So why can't your child?
  • 07-28-2016, 04:52 PM
    Megcole2002
    Re: Can a Parent Get a Court Order to Change a Child's Middle Name
    Quote:

    Quoting Ohiogal
    View Post
    So he can't have five names? In many cultures children do. So why can't your child?

    That's fine anyone is allowed their preference for their children. Just my last name that we'll be hyphenating is difficult enough on its own he doesn't need to have to deal w that many names growing up :) just my opinion everyone is entitled to their own most definitely
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