Shockley v. Okeke

856 A.2d 1054, 48 Conn. Supp. 647, 2004 Conn. Super. LEXIS 1897
CourtConnecticut Superior Court
DecidedJuly 14, 2004
DocketFile No. FA-02 0188208S
StatusPublished

This text of 856 A.2d 1054 (Shockley v. Okeke) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shockley v. Okeke, 856 A.2d 1054, 48 Conn. Supp. 647, 2004 Conn. Super. LEXIS 1897 (Colo. Ct. App. 2004).

Opinion

TIERNEY, J.

This is an appeal from the decision of the Probate Court for the district of Stamford denying the application by the plaintiff, Tamara A. Shockley, to change her son’s name. Both parties appeared pro se in both courts. The pleadings in this appeal were closed. The case was assigned for a May 14, 2004 trial. After due notice to the defendant, Edward C. Okeke, he failed to appear at trial. The plaintiff appeared and presented evidence. The trial proceeded and the evidence concluded on May 14, 2004. The parties had previously submitted legal memoranda. No posttrial memoranda were submitted. In this appeal, the plaintiff seeks two forms of relief: (1) change the minor child’s name to Cameron Nnamdi Shockley-Okeke; and (2) change the [648]*648minor child’s birth certificate to reflect his name at birth as Cameron Nnamdi Shockley-Okeke.

FACTS

The court makes the following findings. The plaintiff is a resident of Stamford, and the defendant is a resident of Paris, France. On May 25, 2000, a male child was bom, issue of the relationship of the parties. The parties were not married at the time of the birth of the child and have never been married to each other. The parties executed an acknowledgment of paternity pursuant to General Statutes § 46b-172. This paternity acknowledgment is dated May 26, 2000, a copy of which is in this file. The name of the minor child on the paternity acknowledgment is: “Nnamdi Ikwunne Okeke.”

The plaintiff commenced a lawsuit against the defendant seeking orders of custody and visitation of the minor child: Shockley v. Okeke, Superior Court, judicial district of Stamford-Norwalk, Docket No. FA-01 0184612S. This custody-visitation case was returnable on June 28, 2001. Judgment entered in that custody-visitation case on August 18, 2003 (Shay, J.). The acknowledgment of paternity referred to previously was filed in that custody-visitation case on January 24, 2002, as pleading number 104.55. The trial court then found that the parties were the parents of the minor child bom on May 25, 2000.

The defendant, whose full name is Edward Chuk-wuemeke Okeke, was bom and raised in Nigeria. The plaintiff, Tamara A. Shockley, was bom and raised in the United States. The aforementioned acknowledgment of paternity dated May 26, 2000, referred to the male child bom on May 25, 2000, as Nnamdi Ikwunne Okeke. Both parties signed the paternity acknowledgment containing the child’s name as stated. Although it is a custom in Nigeria to have a formal naming ceremony, such a ceremony did not take place. The minor child was [649]*649not baptized. There have been no previous change of name applications in any jurisdiction anywhere concerning the minor child.

On May 15, 2001, the plaintiff, then described as Tamara Ann Shockley, filed a petition with the Probate Court for the district of Stamford “to change her son’s name from Nnamdi Ikwanne Shockley-Okeke to Cameron Nnamdi Shockley-Okeke. ” Despite the fact that her son’s middle name is spelled Ikwunne in the paternity acknowledgment, the plaintiff spelled her son’s middle name as Ikwanne in the Probate Court and Superior Court proceedings. On occasion, the plaintiff has spelled her son’s middle name as Ikwane. On June 15, 2001, the Probate Court held a hearing and considered the testimony of both parties who were present. The Probate Court for the district of Stamford issued a decree dated November 14, 2001, and entered the following order: “Wherefore, it is ordered and decreed that the application by Tamara Ann Shockley to change the name of her son, Nnambi Ikwanne Shockley-Okeke, is hereby denied.” (Note the different spelling of the first name.)

On December 11, 2001, the plaintiff filed a motion for appeal from probate and attached a copy of the November 14, 2001 probate decree signed by Judge Gerald M. Fox, Jr., of the Probate Court for the district of Stamford. The defendant was served pursuant to an order of notice. He filed a pro se appearance on May 31, 2002. The plaintiff later filed reasons of appeal. The defendant filed a lengthy answer dated May 31, 2002, designated as pleading number 105.00. The answer was five pages in length and attached seven additional pages of documents. The defendant claimed no affirmative relief. The pleadings were closed on May 31, 2002. Thereafter, on June 28, 2002, the defendant filed a motion to dismiss the plaintiffs complaint for failure to state a cause of action. This motion to dismiss was [650]*650denied after a hearing. The defendant thereafter filed a one page answer dated July 1, 2002. On July 29, 2002, the defendant filed another motion to dismiss, which was denied by the court on September 3, 2002. The issues having been joined, the matter was tried to the court.

STATEMENT OF LAW

General Statutes § 46b-l defines family relations matters: “Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving ... (6) complaints for change of name . . . (14) appeals from probate concerning: (a) Adoption or termination of parental rights; (b) appointment and removal of guardians; (c) custody of a minor child; (d) appointment and removal of conservators; (e) orders for custody of any child; (f) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute . . . .” It would appear on the face of this definition statute that the Superior Court does not have jurisdiction to entertain an appeal from probate from the denial of a petition for change of name for a minor child. By this statute, the Superior Court does have jurisdiction to entertain virtually every other issue affecting the minor child. The Superior Court does have jurisdiction to change a child’s name in a direct action brought in the Superior Court. This issue has not been raised by either party. This court believes that § 46b-l contains a technical oversight and the Superior Court does have jurisdiction to hear an appeal from a Probate Court change of name proceeding.

The authority for a court of probate to change a name is General Statutes § 45a-99 as amended by Public Acts 2003, No. 03-202, § 18 (P.A. 03-202), effective October 1, 2003, which provides: “The courts of probate shall have concurrent jurisdiction with the Superior Court, as provided in [General Statutes §] 52-11, as amended [651]*651by this act, to grant a change of name, except a change of name granted in accordance with subsection (a) of [General Statutes §] 46b-63.” P.A. 03-202. Section 46b-63 does not apply to the present case because the parties were never married. Section 18 of P.A. 03-202, the latest technical amendment, did not change the essential wording of § 45a-99. The general civil session of the Superior Court also has jurisdiction to change names. Section 52-11 provides: “The superior court in each judicial district shall have jurisdiction of complaints praying for a change of name, brought by any person residing in the judicial district, and may change the name of the complainant, who shall thereafter be known by the name prescribed by said court in its decree.” Section 17 of P.A. 03-202, the latest technical amendment, did not change the essential wording of § 52-11.

There are three different proceedings that can be brought for a change of name in Connecticut. The first is a petition to the Superior Court civil docket under § 52-11 for a change of name. This procedure was not used by the plaintiff.

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

Related

Satti v. Rago
441 A.2d 615 (Supreme Court of Connecticut, 1982)
Miller v. Miller
258 A.2d 89 (Supreme Court of Connecticut, 1969)
Remkiewicz v. Remkiewicz
429 A.2d 833 (Supreme Court of Connecticut, 1980)
Schaffer v. Schaffer
445 A.2d 589 (Supreme Court of Connecticut, 1982)
Bridge-Mile Shoe Corporation v. Liggett Drug Co.
113 A.2d 863 (Supreme Court of Connecticut, 1955)
Wheat v. Wheat
244 A.2d 359 (Supreme Court of Connecticut, 1968)
Don v. Don
114 A.2d 203 (Supreme Court of Connecticut, 1955)
Lewis v. Scoville
108 A. 501 (Supreme Court of Connecticut, 1919)
Appeal of Stevens from Probate
255 A.2d 632 (Supreme Court of Connecticut, 1969)
Baskin's Appeal from Probate
484 A.2d 934 (Supreme Court of Connecticut, 1984)
Kerin v. Stangle
550 A.2d 1069 (Supreme Court of Connecticut, 1988)
Gardner v. Balboni
588 A.2d 634 (Supreme Court of Connecticut, 1991)
Andrews v. Gorby
675 A.2d 449 (Supreme Court of Connecticut, 1996)
In re Michaela Lee R.
756 A.2d 214 (Supreme Court of Connecticut, 2000)
Mayor v. Mayor
554 A.2d 1109 (Connecticut Appellate Court, 1989)
In re Andrews' Appeal from Probate
826 A.2d 1260 (Connecticut Appellate Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
856 A.2d 1054, 48 Conn. Supp. 647, 2004 Conn. Super. LEXIS 1897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shockley-v-okeke-connsuperct-2004.