A. At any time after a determination of paternity, the mother, father, custodian or guardian of the child may file a motion requesting the court to order that the surname of the child be changed to the surname of its father. The court shall thereafter set a hearing on said motion. Notice of the filing of the motion and the date of the hearing shall be served by process on all parties. B. If, after said hearing, the judge finds that it is in the best interest of the child to bear the paternal surname, the court shall enter an order to that effect which shall include findings of fact as to each issue raised by the parties. C. The practice, pleading, and proceedings as set forth in this section shall conform to the applicable rules prescribed by the Code of Civil Procedure. Added by Laws 1986, c. 82, § 1, emerg. eff. April 3, 1986.
Notes of Decisions
Cited in
6
cases, 1995–2016 · leading case:
James v. Hopmann, 907 P.2d 1098 (Okla. Civ. App. 1995).
James v. Hopmann, 907 P.2d 1098 (Okla. Civ. App. 1995).
· cites it 2× “JONES, Presiding Judge: In this appeal Leandra Lynn James posits the trial court erred in denying her motion for new trial on the issue of change of name of her minor child under the authority of 10 O.S.1991 § 90.4. 1 This action began when Appellant sought a determination of…”
Reed v. Remmert, 2016 OK CIV APP 65 (Okla. Civ. App. 2016).
· cites it 4× “2 Title 10 O.S. § 90.4 provides that, in the context of a paternity proceeding after paternity has been determined, the mother or father may file a motion requesting the court to order the surname of the child changed to the surname of the father if it is in the child’s best…”
In Re Stratton Ex Rel. Kelley, 2004 OK CIV APP 35 (Okla. Civ. App. 2003).
· cites it 2× “The trial court, applying 10 O.S.1991, § 90.4 4 as the statutory basis for the name change, found the best interest of the child would be advanced by changing the name to that of the natural father, over the objection of the natural mother.”
Reed v. Remmert, 2016 OK CIV APP 65 (Okla. Civ. App. 2016).
· cites it 8× “2 Title 10 O.S. §90.4 provides that, in the context of a paternity proceeding after paternity has been determined, the mother or father may file a motion requesting the court to order the surname of the child changed to the surname of the father if it is in the child's best…”
Eldredge v. Taylor, 2014 OK 92 (Okla. 2014).
· cites it 2× “See 10 O.S.2011, § 90.4(B) (best-interest-of-the-child finding necessary for changing name of children born out of wedlock); id.”
In Re Mjt, 2008 OK CIV APP 56 (Okla. Civ. App. 2008).
“¶ 2 The issue here is controlled by the language contained in 10 O.S.2001 § 90.4(A) and (B), which provide: A.”
Okla. Stat. tit. 10, § 90.4(A): 1 case
In Re Mjt, 2008 OK CIV APP 56 (Okla. Civ. App. 2008).
“¶ 2 The issue here is controlled by the language contained in 10 O.S.2001 § 90.4(A) and (B), which provide: A.”
Okla. Stat. tit. 10, § 90.4(B): 1 case
Eldredge v. Taylor, 2014 OK 92 (Okla. 2014).
“See 10 O.S.2011, § 90.4(B) (best-interest-of-the-child finding necessary for changing name of children born out of wedlock); id.”
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