Burke v. Hammonds

GUDGEL, Judge.

This is an appeal from an order of the Carter Circuit Court permanently enjoining appellant, Marilyn Burke, from changing the names of her children, and directing she use their given name for all purposes. The issues are: (1) whether a circuit court has jurisdiction, on application of a natural father, to enjoin a mother from changing a child’s name to his step-father’s name; and (2) if so, whether the injunction may issue without the court having held an evidentia-ry hearing.

Mrs. Burke was granted a divorce from appellee, Donnie Hammonds, in 1969, and later remarried. The…