Flowers v. Cain

237 S.E.2d 111, 218 Va. 234, 1977 Va. LEXIS 184
CourtSupreme Court of Virginia
DecidedSeptember 1, 1977
DocketRecord No. 760881
StatusPublished
Cited by23 cases

This text of 237 S.E.2d 111 (Flowers v. Cain) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flowers v. Cain, 237 S.E.2d 111, 218 Va. 234, 1977 Va. LEXIS 184 (Va. 1977).

Opinion

Carrico, J.,

delivered the opinion of the Court.

In an application filed pursuant to Va. Code § 8-577.1, Joyce R. Cain sought to have the names of her two minor children, born of a previous marriage, changed to the surname of her present husband, Thomas Franklin Cain. The natural father, Larry Anderson Flowers, objected to the proposed change, but the trial court, after a hearing, granted the mother’s application. We awarded Flowers an appeal.

The children, Larry Anderson Flowers, Jr., and Christopher Allan Flowers, were born, respectively, March 15,1968, and July 13, 1969. On April 30, 1971, the mother was awarded a final divorce from Flowers. In the divorce proceeding, the mother was granted custody of the children. The father was afforded visitation privileges, and he was ordered to pay $42.00 per week in child support.

On December 24, 1975, the mother married Thomas Franklin Cain. On February 4, 1976, she filed the present application. Cain, the stepfather, joined in the application, evidencing his consent to “the changes of name.”

Under Va. Code § 8-577.1, a person desiring to change his own name or the name of his child may apply to an appropriate circuit court which, in its discretion, may order the change. As the statute read at the time of the proceeding below, it established no guidelines for the exercise of the court’s discretion. We believe, however, and the parties to this appeal agree, that the present dispute should be resolved by [236]*236determining what is in the best interest of the children. Indeed, we observe that Va. Code § 8-577.1 now contains this test.

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Bluebook (online)
237 S.E.2d 111, 218 Va. 234, 1977 Va. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-cain-va-1977.