Rice v. Merkich
| Docket Number: | 2009-CA-00318-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-06-2010 Opinion Author: Graves, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Paternity - Child's surname - Section 93-9-9 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Kitchens, Chandler and Pierce, JJ. Dissenting Author : Lamar, J., with separate opinion. Dissent Joined By : Dickinson, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 02-03-2009 Appealed from: MADISON COUNTY CHANCERY COURT Judge: Cynthia Brewer Disposition: After hearing evidence and testimony, the chancellor found that Presley’s surname should be Merkich. Case Number: 2008-0051-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jessica Nicole Rice |
JEFFREY P. HUBBARD, STACEY L. STRAIN |
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| Appellee: | Scott Thomas Merkich | T. JACKSON LYONS, DAVID EDWIN JAMES |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Paternity - Child's surname - Section 93-9-9 |
| Summary of the Facts: | After Jessica Rice gave birth to her daughter, Scott Merkich filed a Petition for Determination of Paternity, seeking paternity testing. The parties agreed to DNA testing, and the results established a 99.98 percent probability that Merkich is the baby’s father. Thereafter, Merkich filed a Complaint for Determination of Child Custody and Visitation requesting joint legal and physical custody of the child, asked that her surname be changed to Merkich, and stated that he was willing to pay his statutorily-required child support obligation. Rice counterclaimed for back child support. On the date of trial, Rice and Merkich filed a joint stipulation that they agreed on all issues except those identified, which included the child’s surname. The chancellor found that the child’s surname should be Merkich. Rice appeals. |
| Summary of Opinion Analysis: | Section 93-9-9 of the Mississippi Uniform Law on Paternity states that in the event of court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise. Although the statute does not delineate those circumstances where the “judgment specifies otherwise,” it is reasonable to conclude that those circumstances should be examined in light of the best interest of the child, if, and only if, this is a contested issue. Rice testified that she had failed to disclose to Merkich that her daughter had been born until after she had been released from the hospital. If Rice had informed Merkich earlier, and he had acknowledged paternity by completing the proper forms at the hospital, then, pursuant to this section, the baby’s surname would have been Merkich unless both Rice and Merkich had signed an affidavit stating otherwise. The only evidence offered by Rice that her daughter should not have the surname Merkich is possible embarrassment and confusion for Rice and her daughter to have different names. Rice testified that Merkich is a good father, who is very involved in the child’s life and spends as much time with her as possible. Rice failed to prove by a preponderance of the evidence that it is in the child’s best interest that her surname not be Merkich. The chancellor’s decision is supported by substantial evidence, was not manifestly wrong, clearly erroneous or an abuse of discretion. |
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