Legal Question in Family Law in Arkansas

A parent may file a petition in the proper circuit court to change the name of a minor child.

Notice must be given to the other parent.

The other parent has standing to contest the name change.

The petitioner (parent seeking change) will have the burden of showing "good cause" that the last name of the minor child should now be changed.

The standard in Arkansas for making such a decision is whether there are compelling facts to show that it would be in the best interest of the child to change the sirname. The Arkansas Supreme Court has pronounced a factors test for judges to use in evaluating whether this standard has been met. In addition to any other factors a circuit judge in his discretion finds relevant, circuit judges are to consider the following factors: (1) the child's preferences, (2) the effect of the name change on the ability of the child to preserve or develop relationships with the other parent, (3) the length of time the child has had a given name, (4) the degree fo community respect associated with the present proposed sirname, (5) difficulties, harrassment, or embarassment that the child may experience from bearing the present or proposed sirname, and (6) the existence of any parental misconduct or nelect.

Please contact me (501) 837-2534 should you desire to have an attorney handle this matter for you.