SARAH ALICE GILTNER V DAVID COLE GILTNER III
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STATE OF MICHIGAN
COURT OF APPEALS
SARAH ALICE GILTNER,
UNPUBLISHED
January 26, 2001
Plaintiff-Appellant,
v
No. 219879
Wayne Circuit Court
LC No. 98-811604-DM
DAVID COLE GILTNER, III.,
Defendant-Appellee.
Before: Collins, P.J., and Doctoroff and White, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the parties’ judgment of divorce. We affirm. This
appeal is being decided without oral argument pursuant to MCR 7.214(E).
The parties reached a settlement on a majority of the issues presented in their divorce
case. Some issues, however, remained unresolved. One of these issues pertains to the last name
of the parties’ minor child. The court found that the child should have defendant’s last name.
On appeal, plaintiff asserts that the court lacked subject matter jurisdiction to decide this
issue and that the court improperly ordered the name change over plaintiff’s objection. We
disagree. A decision to change a child’s name under the probate code is reviewed for abuse of
discretion. Rappleye v Rappleye, 183 Mich App 396, 398-399; 454 NW2d 231 (1990).
A trial court may order the change of a child’s name in the context of divorce
proceedings. Garling v Spiering, 203 Mich App 1, 2; 512 NW2d 12 (1993). The parties consent
is not required. Parental disputes regarding a child’s surname are resolved in accordance with the
best interests of the child. Id. at 3. There is no showing that the trial court abused its discretion
in ordering the change of the child’s last name.
Affirmed.
/s/ Jeffrey G. Collins
/s/ Martin M. Doctoroff
/s/ Helene N. White
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