In Re The Name Change of E.C.D.
NO SD37042
Filed on August 18, 2021
Appeal from the Circuit Court of Stoddard County to Missouri Court of Appeals
Trial Court Ruling Affirmed
The minor child E.C.D. was born in 2010 to parents who were not married. The parents engaged in lengthy custody proceedings. Father initially had custody of the child pursuant to a paternity, custody and visitation action filed in the Circuit Court of Williamson County, Illinois in 2016. In 2019, Mother refused to return the child to Father and filed a pro-se ex-parte Order of Protection petition in the Circuit Court of Williamson County alleging mistreatment of the child by Father.
In August of 2020, Mother alleged that the child was a resident of Missouri and wanted her name changed because of the abuse she suffered by Father. Father objected to the name change Petition alleging that the child was not a result of Missouri but rather of Illinois. In February of 2021, the trial court in Stoddard County dismissed Mother’s Petition based on lack of jurisdiction.
Mother raised two points on appeal, Mother argued that: (1) the trial court erred in dismissing her petition to change the Child’s name in that the Child is a resident of Missouri for purposes of section 527.270, and (2) the trial court erred in finding that it lacked jurisdiction in that “although the Circuit Court of Williamson County, Illinois, may have jurisdiction over the subject matter of the custody of the minor child based upon the Uniform Child Custody Jurisdiction and Enforcement Act (‘UCCJEA’), the UCCJEA does not give that Court any authority over the subject matter of her change of name.”
With respect to Point 1, the trial court noted that there was an active modification case pending in Williamson County, Illinois which would ultimately determine the residence of the child.
With regards to Point 2 raised on appeal, Mother makes no effort to account for the fact that the Illinois Court made an explicit finding as to the Child’s last name:
“The parties acknowledge that the minor child’s surname is Dace and no other surname or hyphenated name shall be used either formally or informally in private or public school or any other records, appointments or reservations.” Mother did not challenge the Illinois Court’s authority over the Child’s last name at that time, and was explicitly barred from utilizing any last name for the Child other than Dace. Mother cites no authority that permits what she was attempting in the trial court.”
Trial Court ruling affirmed.
