In Re Carter Ex Rel. Karawan

640 S.E.2d 96, 220 W. Va. 33
CourtWest Virginia Supreme Court
DecidedDecember 14, 2006
Docket33064
StatusPublished
Cited by4 cases

This text of 640 S.E.2d 96 (In Re Carter Ex Rel. Karawan) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Carter Ex Rel. Karawan, 640 S.E.2d 96, 220 W. Va. 33 (W. Va. 2006).

Opinions

PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of Kana-wha County entered on August 26, 2005. In that order, the circuit court held that reasonable and probable cause existed for changing the name of Blake Andrew Carter, a minor, to Blake Andrew Karawan. In this appeal, Blake Carter’s biological father, appellant Kenneth Carter, maintains that the circuit court erred when it granted the name change. Blake, through his mother, Christina Karawan, contends that the circuit court correctly allowed him to change his name. After reviewing the facts of the case, the issues presented, and the relevant statutory and case law, this Court reverses the decision of the circuit court.

I.

FACTS

The appellant, Kenneth Saunders Carter, and the appellee, Christina Marie Karawan, were divorced on October 25, 1991, when their son, Blake Andrew Carter, was approximately one year old. Ms. Karawan was awarded custody of the child and the divorce decree provided that Mr. Carter would pay child support in the amount of $134.15 per month. Mr. Carter actually paid $150.00 per month to Ms. Karawan throughout the years. Mr. Carter was also required to advise Ms. Karawan each month as to his employment status and his monthly or weekly earnings. Mr. Carter, however, did not comply with this requirement.

On August 4, 2005, Ms. Karawan, on behalf of her son Blake, petitioned the Circuit Court of Kanawha County to change his name from Blake Andrew Carter to Blake Andrew Kara-wan. Blake indicated that he wanted the name change because he desired to have the same surname as his mother, sister, and step-father. He further claimed that his step-father, Mr. Karawan, was the only father he had ever known and that he did not have any memories of his biological father and did not wish to keep his surname. He also expressed that he wanted his driver’s license, school records, school yearbook, as well as any other legal documents to reflect his name as Blake Andrew Karawan.

[35]*35During the proceedings below, Mr. Carter claims that he visited Blake on his first birthday and several times thereafter. The circuit court’s August 26, 2005, order, however, concluded that Mr. Carter had not in fact visited with his son or had any contact with him for more than thirteen-and-one-half-years. Mr. Carter states that his difficulty in maintaining a civil, cooperative relationship with Ms. Karawan frustrated his attempts to visit with his son. Nonetheless, Mr. Carter at no time made any effort to enforce his visitation rights through the legal process.

On August 26, 2005, the Circuit Court of Kanawha County found that the only act by Mr. Carter evidencing an exercise of his authority or responsibility as a parent was his court-ordered payment of child support. The circuit court further found that Mr. Carter had not visited or contacted his son for more than thirteen-and-one-half-years; had not maintained health insurance coverage for his son as ordered by the court; had not shared equally the costs of health care not covered by insurance as ordered by the court; had not telephoned his son or sent his son Christmas presents or cards; had never sent his son a birthday card or present; and made no attempt whatsoever to communicate with his son. The circuit court specifically found that “other than paying court-ordered child support, [Mr. Carter] has not performed any act evincing an interest in, or love for, his child, or any other conduct consistent with the acts and conduct of a father who has interest in his child, notwithstanding the fact he has not been prevented in any way from doing so for approximately 13)6 years.” The circuit court then concluded that Ms. Karawan demonstrated by clear, cogent, and convincing evidence that a name change would significantly advance the best interests of the child and granted Ms. Kara-wan’s petition for changing her son’s last name. Mr. Carter subsequently appealed the circuit court’s order.

II.

STANDARD OF REVIEW

In this case, Kenneth Carter contends that the circuit court erred in granting a name change petition to his biological son Blake Carter. We previously have held that our review of a circuit court’s order is varied:

In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.

Syllabus Point 2, Walker v. West Virginia Ethics Comm’n, 201 W.Va. 108, 492 S.E.2d 167 (1997). Accord Syllabus Point 1, State ex rel. Hechler v. Christian Action Network, 201 W.Va. 71, 491 S.E.2d 618 (1997).

Moreover, where, as here, the question before the circuit court involves the interpretation of the applicable law and governing statutes, our review is plenary. “Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syllabus Point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995). See also Syllabus Point 1, Appalachian Power Co. v. State Tax Dep’t of West Virginia, 195 W.Va. 573, 466 S.E.2d 424 (1995) (“Interpreting a statute or an administrative rule or regulation presents a purely legal question subject to de novo review.”).

With these standards in mind, we now determine whether the circuit court erred by granting the petition to change Blake’s name.

III.

DISCUSSION

In this case, Mr. Carter states that the law in West Virginia is quite clear that in deciding whether the best interests of a child will be served by a name change, that the evidence supporting a change must be “far stronger with regard to benefits to the child” unless the father “has abandoned all parental rights and responsibilities.” In re Harris, [36]*36160 W.Va. 422, 426, 236 S.E.2d 426, 429 (1977). Moreover, “[A]bsent extreme circumstances a father who exercises his parental rights has a protectable interest in his children bearing his surname and this interest is one quid pro quo of his reciprocal obligation of support and maintenance.” Id. at 427, 236 S.E.2d at 429.

Mr. Carter claims that by his son retaining his name it would allow him to foster a relationship between himself and his son. He also states that he has continued to pay child support for his son throughout the years and maintains that he desires a relationship with him. He further believes that the only concrete evidence suggesting that a name change would be in his son’s best interest is the fact that there has been minimal contact between Mr. Carter and Blake. Mr. Carter, however, contends that there is absolutely no evidence that he has ever said anything to suggest that he does not love his son or does not want a relationship with him. Mr.

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In Re: Adoption of J.B. and B.B.
West Virginia Supreme Court, 2016
In Re: Name Change of Jenna A. J.
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In Re Name Change of JENNA A.J.
744 S.E.2d 269 (West Virginia Supreme Court, 2013)
In Re Carter Ex Rel. Karawan
640 S.E.2d 96 (West Virginia Supreme Court, 2006)

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Bluebook (online)
640 S.E.2d 96, 220 W. Va. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carter-ex-rel-karawan-wva-2006.