Reed v. Reed

In Reed v. Reed, 1959 OK 63, 338 P.2d 350, the Oklahoma Supreme Court held the trial court did not err when it refused to permit the child's name to be changed over the objection of the natural father. The facts in Reed reflect that despite the divorce and his subsequent relocation out of state to attend medical school, the father remained close to his child, participated in the child's life as much as possible, and maintained good relations with the child's mother (his ex-wife), as well as with children's stepfather. Using the best interest test, the Reed Court held it was not an abuse of judicial discretion to deny the name change: "In view of the father and son relationship existing between Dr. Reed and his son and the relationship between the Baldwins and the child, the final determination herein must be on consideration of what, under all the circumstances, is best for the child, coupled with the rights of the parties as such rights refer to and have a direct bearing on the best interest of the child. Dr. Reed has generously contributed to the support of the child, has exhibited a desire to preserve the parental relationship, has visited the child, had the child within him and has certainly been interested in his progress. This being an action of equitable nature and the court having heard the testimony and finding for Dr. Reed, the judgment of the trial court enjoining the changing of the name will not be disturbed on appeal, unless against the clear weight of evidence. In re Fletcher's Estate, Okl., 1954 OK 99, 269 P.2d 349. From an examination of the entire record, the judgment of the trial court is not against the clear weight of evidence. Reed at PP8, 13, 338 P.2d at 352, 353."