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Date: 11-12-2024
Case Style:
Case Number: WD867054
Judge: Keith M. Bail
Court: Circuit Court, Cooper County, Missouri
Plaintiff's Attorney:
Defendant's Attorney:
Description: Boonville, Missouri family law lawyers represented the parties in a paternity action.
Mother and Father were in a romantic relationship during the first half of Mother's pregnancy with Child. In the Summer of 2022, a few months before Child's birth, Mother and Father separated. Mother moved to Boonville, while Father returned to his ex-wife in Warsaw. Following their separation, the parties communicated infrequently. Mother "occasionally" notified Father of medical appointments related to her pregnancy. Mother testified she did not consistently communicate with Father because she was upset that he had returned to his ex-wife.
Child, a girl, was born in Fall 2022. Father was not informed Mother had gone into labor. He did not participate in selecting Child's name, and Mother did not include his name on Child's birth certificate. From birth through the time of trial, Child resided with Mother in Boonville.
Father filed a paternity action in the Circuit Court of Cooper County on November 7, 2022, just a few weeks after Child's birth. Mother filed an answer and counter-petition. Prior to trial, the parties agreed to joint legal and physical custody of Child. They also agreed to a Joint Parenting Plan under which Father would exercise parenting time with Child approximately 25% of the time. The parties also agreed that Mother would be awarded $1,000 in monthly child support, and that Father would pay a share of the expenses for Child's extracurricular activities, and of Child's unreimbursed medical and dental expenses. One of the issues remaining for trial was Father's request that Child's surname be changed to his own.
The circuit court conducted a bench trial on September 25, 2023, at which Mother and Father testified. Regarding the surname change, Father testified that he believed it was "very important" for Child to have a connection to his name and family history. Specifically, Father testified that "I think a child should, you know, have the father's name even if they're not together." Father also noted that the Joint Parenting Plan provided that he would have ongoing involvement in the child's life. Although Father preferred that Child carry his surname alone, he testified that he was willing to agree that Child have the hyphenated surname of both parents.
Mother testified that Father had been deceptive and had cheated on her with his ex-wife, which led Mother to end their relationship and return to Boonville. Mother also testified that when Father was a child, his father had an affair and left Father's mother. Mother claimed that the infidelity of Father, and of Father's father, was well-known in Boonville. Mother also testified, without providing specifics, that she had learned from court records that Father's family has "a criminal history" that was purportedly well-known in the community. Mother testified that she did not want Child to be associated with this disreputable family history. Mother explained that it was important for Child to carry her last name, because "I feel that my last name has done me well, and I hope it can do my daughter well as well."
The circuit court's judgment, entered on October 2, 2023, ordered that Child have the hyphenated surname of Mother and Father, with Mother's surname first. The court also ordered that Father's name be added to Child's birth certificate "to reflect he is the natural father of said child."...
H.G. v. C.G., WD86704 (Mo. App. Nov 12, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: