E.R.J. v. T.L.B.
- E.R.J., Plaintiff and Appellee
T.L.B., Defendant and Appellant
- Case Type
- CIVIL APPEAL : PATERNITY
- Appeal From
Case No. 2021-DM-00006
Northwest Judicial District, Divide County
Benjamen James Johnson
Parties' Statement of Issues
[¶1] Whether the District Court’s finding of fact that “T.L.B.” changed her surname to that of her new husband was clearly erroneous.
[¶2] Whether the decision of the District Court in changing the surname of the child at issue to a hyphenated name consisting of a combination of T.L.B.’s and E.R.J.’s surnames was clearly erroneous.
[¶3] Whether the District Court erred by not considering the factors for “proper and reasonable cause” for a name change found at N.D.C.C. § 32-28-02(3) when considering a name change request in a petition brought under the Uniform Parentage Act, N.D.C.C. § 14-20 et seq. (hereinafter “UPA”) under the UPA’s “good cause shown” standard found at N.D.C.C. §14-20-57(7).
[¶4] Whether the District Court erred by not considering emotional injury as the sort of injury recognized by N.D.C.C. § 32-28-02(3).
¶1 Whether the District Court correctly found that T.L.B. changed her surname to that of her new husband.
¶2 Whether the District Court decision correctly changed the child’s surname to a hyphenated combination of both parents was correct.
¶3 Whether the District Court properly considered the name change request brought under the Uniform Parentage Act.
¶4 Whether the District Court properly considered emotional injury in changing the minor child’s surname.
T.L.B. appeals from a district court judgment changing her child’s surname to a hyphenated name consisting of a combination of T.L.B.’s name and the name of the child’s biological father, E.R.J.
On appeal, T.L.B. argues: (1) the district court’s finding of fact that T.L.B. had changed her name was clearly erroneous, (2) it was clearly erroneous for the district court to change the child’s surname to a hyphenated name, (3) the district court erred when it did not consider the “proper and reasonable cause” factors for a name change under N.D.C.C. § 32-28-02(3) when considering a name change petition brought under N.D.C.C. ch. 14-20, and (4) the district court erred by not considering emotional injury as an injury recognized under N.D.C.C. § 32-28-02(3).
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/08/2022||NOTICE OF APPEAL : 07/08/2022|
|2||07/08/2022||ORDER FOR TRANSCRIPT : 07/22/2022|
|3||07/18/2022||Rec'd filing fee|
|4||07/19/2022||Rec'd correction to noa & otr (redaction)|
|5||07/20/2022||Rec'd additional correction to noa & otr (date)|
|6||07/20/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|7||07/20/2022||Notice served on Thomas J. Corcoran & Carrie L. Francis|
|8||08/08/2022||ELEC. RECORD ON APPEAL DATED AUGUST 5, 2022 (ENTRY NOS. 1-85)|
|9||08/31/2022||All Transcripts Filed in Record|
|10||09/06/2022||1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 2, 2022 (ENTRY NOS. 86-90)||View|
|12||10/12/2022||Rec'd correction to ATB|
|13||10/13/2022||Rec'd 3 copies of ATB from CSD|
|15||11/08/2022||Rec'd correction to AEB (toc ref pg #s)|
|16||11/09/2022||Rec'd c.o.s. for corrections to AEB|
|17||11/14/2022||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|18||11/15/2022||Rec'd 3 copies of AEB from CSD|
|20||11/28/2022||Rec'd 3 copies of RYB from CSD|
|21||12/12/2022||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)|
|22||12/12/2022||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)|