Tucker v. AllenAnnotate this Case
Kelisa Allen and Justin Tucker were divorced in Arizona, after which Kelisa relocated to Montana with the parties’ two children. Kelisa later remarried, taking the surname, “Allen.” Kelisa subsequently sought to change the surnames of the children to Allen. The petition was granted. In the meantime, Kelisa filed a motion to suspend Justin’s contact with the children. The motion was granted, and Justin’s parenting time was suspended pending reevaluation of the custody agreement. Justin subsequently filed a complaint seeking to set aside the name changes. After the new action was assigned to a judge, Justin filed a motion for substitution, and the complaint was reassigned. The new judge sua sponte consolidated Justin’s new complaint with the name-change petition and parenting plan issues and consolidated the cases in front of the original judge. After a rehearing, the judge granted the name change. The Supreme Court affirmed, holding that the district court did not abuse its discretion in (1) it determined that the Allen surname was in the best interest of the children, and (2) consolidating the case.