In Re Halverson Ex Rel. Sumners
362 S.W.3d 443
Mo. Ct. App.2012Background
- Petition filed June 2010 by Mother's next-friend to change the Children's surname from Halverson to Sumners; Children were about 5 and 7.
- Iowa custody decree (Winneshiek County, Oct. 2006) gave Mother visitation-denial rights and ordered child support; Father paying $88 weekly.
- Children were enrolled under Halverson despite Mother's request; school records showed use of Sumners informally.
- Mother testified the surname should match the family name; Father opposed and had limited contact after move to Missouri.
- Trial court granted name-change; no detailed findings on jurisdiction or best interests; Iowa order later dismissed indicating lack of jurisdiction.
- Missouri appellate review affirmed, holding Missouri had subject matter jurisdiction independent of UCCJEA and that best-interests evidence supported the change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under UCCJEA | Halversons argues Iowa custody controls and UCCJEA limits Missouri jurisdiction | Missouri court has subject-matter jurisdiction; UCCJEA does not deprive Missouri of authority over name change | Missouri court had jurisdiction; denial of dismissal affirmed |
| Best interests of the children | Weight of evidence shows no best-interest support for name change | Sufficient evidence supports best interests and change | Judgment proper; name change affirmed |
Key Cases Cited
- Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (constitutional jurisdiction cannot be removed by statute; UCCJEA does not alter Missouri jurisdiction)
- McCracken v. Wal-Mart Stores East, LP, 298 S.W.3d 473 (Mo. banc 2009) (topic of de novo review and jurisdiction in trial courts)
- Houston v. Crider, 317 S.W.3d 178 (Mo.App. S.D.2010) (deference to trial court on credibility; standard for reviewing factual disputes)
- Morris by Cope v. Morris, 926 S.W.2d 87 (Mo.App. W.D.1996) (change of name for a child judged under discretionary standard)
- Ketteman v. Ketteman, 347 S.W.3d 647 (Mo.App. W.D.2011) (UCCJEA context; confirms jurisdiction principles)
- In re Hayes, 12 S.W.3d 767 (Mo.App. S.D.2000) (best-interests review framework for family court rulings)
- Wright v. Buttercase ex rel Buttercase, 244 S.W.3d 174 (Mo.App. W.D.2008) (standard of review for court-tried cases: affirmation on substantial evidence unless error)
- In re Marriage of DeLeon, 804 S.W.2d 801 (Mo.App. E.D.1991) (appealability of denial of motion to dismiss in final judgment context)
- FIA Card Serv., NA. v. Hayes, 339 S.W.3d 515 (Mo.App. E.D.2011) (briefing deficiencies and review limits in name-change context)