Either party to a marriage may request as a part of the decree of dissolution or decree
of annulment a change in the person’s name to either the name appearing on the person’s
birth certificate or to the name the person had immediately prior to the marriage. If a party
requests a name change other than to the name appearing on the person’s birth certificate
or to the name the person had immediately prior to the marriage, the request shall be made
under chapter 674.
88 Acts, ch 1142, §2
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598.38 through 598.40 Reserved.
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Notes of Decisions
In Re the Marriage of Gulsvig, 498 N.W.2d 725 (Iowa 1993).
· cites it 4× “41 provides the court with broad discretion in determining custody and the physical care of a child and expresses a preference for joint custody.”
Keegan v. Gudahl, 525 N.W.2d 695 (S.D. 1994).
· cites it 2× “2d 725, 728 (Iowa 1993) (citing Iowa Code § 598.37 ). Nevertheless, the Iowa Supreme Court concluded that authority to change a child's name pursuant to divorce proceedings can be inferred from the Iowa statute governing custody determinations.”
In Re the Marriage of Erickson, 553 N.W.2d 905 (Iowa Ct. App. 1996).
· cites it 2× “Iowa Code section 598.37 authorizes a dissolution court to change a person’s name to either the name appearing on the person’s birth certificate or the name the person had immediately prior to the marriage.”
Clark v. Clark, 682 So. 2d 1051 (Ala. Civ. App. 1996).
“(citing Iowa Code §§ 598.37 & 598.41 (1991)). In addition, the court noted, the Iowa statute granting the trial court discretion in determinations of custody stated that joint custody was preferred and that both parents were to have equal participation in decisions affecting the…”
In re Marriage of Firestone (Iowa Ct. App. 2018).
· cites it 4× “37 authorizes a dissolution court to change a person’s name to either the name appearing on the person’s birth certificate or the name the person had immediately before the marriage.”
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