Sheppard v. Speir

157 S.W.3d 583, 85 Ark. App. 481, 2004 Ark. App. LEXIS 280
CourtCourt of Appeals of Arkansas
DecidedApril 7, 2004
DocketCA 03-0454
StatusPublished
Cited by18 cases

This text of 157 S.W.3d 583 (Sheppard v. Speir) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheppard v. Speir, 157 S.W.3d 583, 85 Ark. App. 481, 2004 Ark. App. LEXIS 280 (Ark. Ct. App. 2004).

Opinion

Olly Neal, Judge.

Pro se appellant Marlene Sheppard brings this appeal from an order of the Washington County Circuit Court that awarded appellee Robert Speir custody of the parties’ child and changed the child’s birth name. On appeal, Sheppard argues that appellee failed to prove a material change in circumstances and that changing the child’s birth name was not in the child’s best interest. We affirm.

The parties in this case were never married. Sheppard is the mother of four sons: K.D., age twelve; B.B., age six; J.S., age four; and Weather’By Dot Com Chanel Fourcast Sheppard, ten months. Each child has a different father. Sheppard’s mother, Betty Miller, has guardianship of K.D. and B.B. Sheppard and her sons reside with Ms. Miller. This case only involves the custody and name change from Weather’By Dot Com Chanel Fourcast Sheppard (the child), born January 3, 2002. Following the child’s birth, Sheppard initiated an action through the Office of Child Support Enforcement to establish paternity, and genetic testing was performed to determine the paternity of the child. The testing indicated that Speir was the child’s father. Speir filed a petition seeking custody on May 16, 2002. The Office of Child Support Enforcement filed a paternity complaint on May 17, 2002. Speir later filed a motion to consolidate the paternity and custody actions. The trial court granted the motion to consolidate and scheduled a hearing on the issues of paternity and visitation for July 23, 2002. A judgment of paternity, finding that Speir was the child’s father, was entered on August 9, 2002. The paternity order stated that a hearing on the matter of custody would be held on October 31, 2002.

At the custody hearing, Speir testified that he had been married for one year and that, in addition to his child with Sheppard, he also had a two-year-old daughter. Speir’s wife is not the mother of Speir’s daughter. Speir said that his daughter visits every other weekend. Speir said that he has worked three-and-one-half years as the morning weather anchor for Arkansas, NBC Television. Speir previously worked in Illinois for Schwann’s Ice Cream Delivery Sales and at a radio station in Effingham, Illinois. Speir testified that Sheppard had interfered with his visitation by not allowing him to have court-ordered weeknight visitation. Sp.eir testified that since paternity was established, he had regularly paid child support and had made double child-support payments. At the time of the hearing, Speir had overpaid his child support by $483. During his testimony, Speir expressed a desire for the court to change the child’s name to “Samuel Charles Speir.”

Officer Thomas Wooten of the Springdale Police Department testified that he was dispatched to the home of Betty Miller on July 15, 2002. He said that the parties were in a dispute over the visitation schedule. He said that when he entered Ms. Miller’s home, he found the home chaotic. He said that a child, B.B., was running around the home.

Monica Eisenhower, a Department of Human Services investigator, testified that she investigated an unfounded report of medical neglect filed against Speir. She said that it was alleged that Speir was not providing the child his asthma medication. Eisenhower testified that Sheppard was not sending the medication and that Speir had taken measures to provide the child with asthma medication. Eisenhower also testified that, as part of her investigation, she did a home visit with Sheppard. She described the home as chaotic and “sometimes dangerous to the younger children in the home.” Eisenhower said that, while she was talking to Sheppard, B.B. was rather unruly and tried to bite Sheppard. She said at one point, while her back was turned, B.B. tried to throw a lamp shade at her.

Betty Miller testified that Sheppard and her four children reside with her. She said that her son and daughter-in-law also live with them and that up until his death, her brother had also lived with them. She said that they were purchasing the three-bedroom home in which they all lived. Miller said that K.D., B.B., and J.S. share a bedroom, her son and daughter-in-law have the master bedroom, Sheppard and the child share a room, and that she sleeps on the couch. Miller testified that she and Sheppard share in the responsibility of raising Sheppard’s children. She said that K.D. is on medication to curb his anger and that B.B. had been diagnosed as “oppositional defiant.” Miller said that B.B. wanted to jump, out of a moving vehicle. She testified that during the past twelve years, the longest Sheppard had worked a job was six to seven months. During her testimony, Miller said that the child’s name “[is] different. It’s unusual. It’s kind of stupid, but it’s kind of cute.”

Sheppard testified that she currently worked for Kentucky Fried Chicken earning six dollars an hour. She admitted that she does not hold a job very long and said that it was true that during the past five to seven years she has worked at the Elks Lodge, Allen Canning Company, Matthew Management, Waffle Hut, CiCi’s, Pizza Inn, McDonald’s, Hampton Inn, Day’s Inn, Shoney’s, Faz-zoli’s, Hardy’s Galore, Denny’s, and KPOM TV. She also admitted that she has been arrested eighteen times by the Fayetteville Police Department and eleven times by the Springdale Police Department. She testified that each arrest was for check forgery. Sheppard said that in 1994, she served twelve months in community punishment for forgery and theft of property. Sheppard admitted giving her mother guardianship of K.D. and B.B. She said that she had taken steps toward giving her mother guardianship of her younger two children.

During the hearing the following discussion was had between the court and Sheppard with regards to the child’s name.

The Court: I simply do not understand why you named this child — his legal name is Weather’by Dot Com Chanel Fourcast Sheppard. Now, before you answer that, Mr. — the plaintiff in this action is a weatherman for a local television station.
Sheppard: Yes.
The Court: Okay. Is that why you named this child the name that you gave the child?
Sheppard: It — it stems from a lot of things.
The Court: Okay. Tell me what they are.
Sheppard: Weather’by — I’ve always heard ofWeatherby as a last name and never a first name, so I thought Weatherby would be — and I’m sure you could spell it b-e-e or b-e-a or b-y. Anyway, Weatherby.
The Court: Where did you get the “Dot Com”?
Sheppard: Well, when I worked at NBC, I worked on a Teleprompter computer.
The Court: All right.
Sheppard: All right, and so that’s where the Dot Com [came from]. I just thought it was kind of cute, Dot Com, and then instead of— I really didn’t have a whole lot of names because I had nothing to work with. I don’t know family names. I don’t know any names of the Speir family, and I really had nothing to work with, and I thought “Chanel”? No, that’s stupid, and I thought “Shanel,” I’ve heard of a black little girl named Shanel.

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

Related

Jessica Donham v. Jake Frauenthal
2021 Ark. App. 183 (Court of Appeals of Arkansas, 2021)
Rivers v. DeBoer
2019 Ark. App. 132 (Court of Appeals of Arkansas, 2019)
Ryan v. White
2015 Ark. App. 494 (Court of Appeals of Arkansas, 2015)
Abo v. Walker
2014 Ark. App. 500 (Court of Appeals of Arkansas, 2014)
In Re: Name Change of Jenna A. J.
West Virginia Supreme Court, 2013
In Re Name Change of JENNA A.J.
744 S.E.2d 269 (West Virginia Supreme Court, 2013)
Walker v. Burton
384 S.W.3d 605 (Court of Appeals of Arkansas, 2011)
Donato v. Walker
377 S.W.3d 437 (Court of Appeals of Arkansas, 2010)
Rasberry v. Rasberry
331 S.W.3d 231 (Court of Appeals of Arkansas, 2009)
Hicks v. Cook
288 S.W.3d 244 (Court of Appeals of Arkansas, 2008)
Sharp v. Keeler
256 S.W.3d 528 (Court of Appeals of Arkansas, 2007)
Harmon v. Wells
255 S.W.3d 501 (Court of Appeals of Arkansas, 2007)
Opinion No.
Arkansas Attorney General Reports, 2006
Poindexter v. Poindexter
203 S.W.3d 84 (Supreme Court of Arkansas, 2005)
Tipton v. Aaron
185 S.W.3d 142 (Court of Appeals of Arkansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
157 S.W.3d 583, 85 Ark. App. 481, 2004 Ark. App. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-speir-arkctapp-2004.