Huffman v. Fisher

38 S.W.3d 327, 343 Ark. 737, 2001 Ark. LEXIS 107
CourtSupreme Court of Arkansas
DecidedFebruary 22, 2001
Docket00-906
StatusPublished
Cited by20 cases

This text of 38 S.W.3d 327 (Huffman v. Fisher) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huffman v. Fisher, 38 S.W.3d 327, 343 Ark. 737, 2001 Ark. LEXIS 107 (Ark. 2001).

Opinion

ANNABELLE Clinton Imber, Justice.

Kara Kathleen Huffinan appeals the order of the Cross County Chancery Court changing the name of her minor child from Jacob Auston Huffman to Jacob Auston Fisher. This is the second time that this case has been before us. In Huffman v. Fisher, 337 Ark. 58, 987 S.W.2d 269 (1999) (Huffman I), 1 we reversed the order of the chancery court changing the child’s name and remanded with instructions to consider six enumerated factors in deciding whether to change the child’s name.

We related the facts giving rise to these appeals in Huffman I:

Appellant Kara Kathleen Huffman was sixteen years old and unmarried when she gave birth to a son on May 18, 1996. She named her son Jacob Austen (sic) Huffman and filed a Certificate of Birth with the Arkansas Department of Health listing appellee John Nicholas Fisher (“Nick”) as the father. In August, 1996, the Arkansas Office of Child Support Enforcement filed suit on behalf of Kara against Nick for child support. Nick filed a third-party complaint in which he admitted that he was the child’s father, and he asked that child support be set and reasonable visitation be established. He also requested that the child’s surname be changed to Fisher.
At a hearing on April 23, 1997, before the Cross County Chancery Court, several witnesses testified concerning whether the child’s surname should be changed from his custodial parent’s surname to his father’s surname. The trial court summarized the testimony and its findings in a letter opinion filed on June 3, 1997. The trial court found that Nick had not paid any child support since Jacob’s birth except for $100.00, although his parents had paid a portion of Kara’s lying-in expenses. The trial court also found that Nick had encouraged Kara, a Catholic, to have an abortion, and that he had counseled her to keep her condition from her parents. Furthermore, there was testimony that Nick had become angry with Kara for getting pregnant and that he had ridiculed her physical appearance during the pregnancy. Since Jacob’s birth, the Fishers had exercised visitation with Jacob in their home on alternate Saturdays from 10:00 a.m. until 6:00 p.m.
Nick testified at trial that he wanted Jacob’s surname to be changed to Fisher because “that’s how I grew up” and he didn’t think he, as a father, should be treated any differendy because he had a child out of wedlock. He wanted the child’s name changed because there was the possibility that Kara would marry in the future and take her husband’s name, leaving Jacob with a name different from his mother’s. Finally, he stated that Jacob would be better labeled with a different name from the Huffman family that would be raising him.
Nick’s uncle testified that the Fisher family was a good family and that it would be the proper thing for Jacob to bear the Fisher name, although he could think of no advantage or disadvantage to having one name as opposed to the other. Nick’s father testified that it would be awkward for Nick to explain to others why the child bore his mother’s last name, but that such a scenario probably wouldn’t arise for Kara, and that it was only right for the child to be known as Fisher.
Kara Huffman testified that Nick had not provided her with any financial or emotional support during her pregnancy and that she had made the decision to name Jacob with her family name because he would be raised in her family and would spend his life with her. Kara further offered to retain her maiden name in the event she chose to marry in the future if it would be in Jacob’s best interest.

Huffman I, 337 Ark. at 60-62, 987 S.W.2d at 270.

The trial court, in Huffman I, determined that it was in the best interest of Jacob to take the surname of his father because of the court’s concern that Jacob would experience stigma in his adolescence if he retained his tnother’s surname. Id. 337 Ark. at 62, 987 S.W.2d at 270. The court reached this decision because “the norm in this locale” is that children take the paternal surname and because Kara might some day marry and take her husband’s surname, leaving Jacob with no connection by name to either parent. Id. 337 Ark. at 63, 987 S.W.2d at 271.

We reversed, noting that speculation as to what Kara’s future holds and the “norm in the locale” are insufficient reasons to change a child’s name. Huffman I, 337 Ark. at 70, 987 S.W.2d at 275. We also rejected Kara’s argument that we adopt a presumption in favor of the surname chosen for a child by the custodial parent. Id. Rather, we held that the only relevant inquiry in determining whether to change the surname of a minor child is what is in that child’s best interest. Id. 337 Ark. at 66, 987 S.W.2d at 273. The burden of proof is on the moving party to demonstrate that the change is in the. best interest of the child. Id. 337 Ark. at 69, 987 S.W.2d at 274. Finally, we held that the chancery court must make this determination on a case-by-case basis through “thoughtful and careful consideration” of at least six factors that we enumerated to g uide chancery courts in the decision. Id. 337 Ark. at 70, 987 S.W.2d at 275. The six factors to be considered are:

(1) the child’s preference;
(2) the effect of the change of the child’s surname 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 surnames;
(5) the difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed surname; and
(6) the existence of any parental misconduct or neglect.

Huffman I, 337 Ark. at 68, 987 S.W.2d at 274.

Upon remand, the case was tried again with the presentation of additional evidence and testimony. Mr. Fisher’s family members testified that it was their belief that Jacob’s name should be changed to Fisher in order to provide Jacob with a sense of connection to the Fisher family and because there was no certainty that Kara would not marry and take another name in the future. If Kara did remarry, the Fishers were concerned that Jacob would be left with a surname that connected him to neither of his parents. Whereas, Nick’s surname would always be Fisher, so Jacob would not face that situation as a Fisher.

Dr. Mary Elizabeth Boeckmann, the principal of Wynne Primary School, testified on behalf of Mr. Fisher that thirty-five percent of the kindergarten students in Wynne Primary School are from single-parent households. Some of these households are single parent as a result of divorce, others are the result of unwed parents. Of the thirty-five percent of kindergarten students from single-parent households, Dr. Boeckmann testified that about eight percent carry their mother’s maiden name, whereas twenty-seven percent carry their father’s surname. Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pelts v. Pelts
2017 Ark. 98 (Supreme Court of Arkansas, 2017)
Walden v. Jackson II
2016 Ark. App. 573 (Court of Appeals of Arkansas, 2016)
Emma v. Evans
35 A.3d 684 (New Jersey Superior Court App Division, 2012)
Walker v. Burton
384 S.W.3d 605 (Court of Appeals of Arkansas, 2011)
Rice v. MERKICH
34 So. 3d 555 (Mississippi Supreme Court, 2010)
Jessica Nicole Rice v. Scott Thomas Merkich
Mississippi Supreme Court, 2009
Farrell v. Farrell
231 S.W.3d 619 (Supreme Court of Arkansas, 2006)
Hudson v. Kyle
229 S.W.3d 890 (Supreme Court of Arkansas, 2006)
Gangi v. Edmonds
218 S.W.3d 339 (Court of Appeals of Arkansas, 2005)
Farr v. Farr
201 S.W.3d 417 (Court of Appeals of Arkansas, 2005)
Cole v. Cole
201 S.W.3d 21 (Court of Appeals of Arkansas, 2005)
Adametz v. Adametz
155 S.W.3d 695 (Court of Appeals of Arkansas, 2004)
Matthews v. Smith
97 S.W.3d 418 (Court of Appeals of Arkansas, 2003)
Skokos v. Skokos
40 S.W.3d 768 (Supreme Court of Arkansas, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
38 S.W.3d 327, 343 Ark. 737, 2001 Ark. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huffman-v-fisher-ark-2001.