In re Adoption of Jon L.

Decision Date01 December 2005
Docket NumberNo. 32703.,32703.
Citation625 S.E.2d 251
CourtWest Virginia Supreme Court
PartiesIn re ADOPTION OF JON L.

Syllabus by the Court

1. "In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review." Syllabus point 2, Walker v. West Virginia Ethics Commission, 201 W.Va. 108, 492 S.E.2d 167 (1997).

2. "Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review." Syllabus point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).

3. "The primary object in construing a statute is to ascertain and give effect to the intent of the Legislature." Syllabus point 1, Smith v. State Workmen's Compensation Commissioner, 159 W.Va. 108, 219 S.E.2d 361 (1975).

4. An adoptive parent may, incident to an adoption proceeding, change his/her adopted child's name to reflect the new adoptive relationship. However, in the case of a stepparent adoption where the adoptive parent is married to the child's parent, the child's parent must assent to the proposed name change.

Anita Harold Ashley, Spencer, for the Appellants, Warren Lee A. and Melissa A. A.

Charles Phalen, Jr., Bayliss & Phalen, PLLC, Charleston, for the Appellees, Robin L. and Janet L.

Justice DAVIS delivered the Opinion of the Court.

Chief Justice ALBRIGHT and Justice STARCHER concur and reserve the right to file concurring opinions.

DAVIS, Justice.

The appellants herein and petitioners below, Warren Lee A.,1 stepfather of the minor child Jon L., and Melissa A. A., biological mother of Jon L., appeal from an order entered September 24, 2004, by the Circuit Court of Roane County. By the terms of that order, the circuit court granted the relief requested by the appellees herein, Robin L. and Janet L., paternal grandparents of Jon L., and prohibited Warren2 and Melissa from changing Jon L.'s surname in connection with his adoption by Warren. On appeal to this Court, Warren and Melissa argue that the circuit court erred by refusing their request to change Jon's surname commensurate with Warren's adoption of the child. Upon our review of the parties' arguments, the record designated for appellate consideration, and the pertinent authorities, we find that the circuit court erred by refusing to permit the requested name change. Accordingly, we reverse the circuit court's ruling and remand this case for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL HISTORY

The minor child who is the subject of these adoption proceedings, Jon C. L., was born on October 16, 1998, to his parents Jonathon Kelli L. and Melissa A.A. [formerly Melissa A. L.]. Jon's parents, Jonathon and Melissa divorced in June, 2000, but shared his custody thereafter. On October 15, 2000, Jonathon died as a result of injuries he sustained in a motor vehicle accident. Shortly thereafter, Jonathon's parents and Jon's paternal grandparents, Robin L. and Janet L., filed an action for grandparent visitation with Jon,3 which visitation was granted and has since been modified as a result of Jon's attendance of preschool.

On June 7, 2003, Melissa A.A. married her current husband, Warren Lee A., at which time Jon and Melissa moved into Warren's home. Since Melissa and Warren's marriage, Warren has interacted with Jon as a father figure, Jon regards him as such, and Jon sometimes even refers to Warren as "Dad". Thereafter, on June 4, 2004, Warren, joined by Melissa,4 filed in the Circuit Court of Roane County a petition to adopt Jon. Included within the adoptive relief sought was also a request to change Jon's name5 from Jon C.L. to Jon C.A. so that his surname and that of his parents, his biological mother and his adoptive stepfather, would be the same. In connection with the filing of the adoption proceeding, the circuit court appointed a guardian ad litem to safeguard Jon's best interests. Also in conjunction with the filing of the adoption petition, notice of the pending adoption proceeding was provided to Robin L. and Janet L., who, as Jon's paternal grandparents, were entitled to such notice as a result of the death of their son and Jon's biological father, Jonathon.6

The circuit court conducted a final adoption hearing in this matter on August 2, 2004. At that hearing, the grandparents appeared by counsel and orally objected both to the child's adoption by Warren and to the proposed surname change. From the record, it is apparent that the relationship between Melissa and Robin and Janet is acrimonious, but that the grandparents have nevertheless been faithfully exercising their visitation with Jon in accordance with the order awarding them grandparent visitation. Furthermore, as a result of the unique nature of the adoption proceedings involving a stepparent in this case, it is clear that the finalization of the adoption would not usurp their right to grandparent visitation. See W. Va.Code § 48-10-902 (2001) (Repl.Vol.2004) ("If a child who is subject to a grandparent visitation order under this article is later adopted, the order for grandparent visitation is automatically vacated when the order for adoption is entered, unless the adopting parent is a stepparent . . . of the child."). See also Syl. pt. 2, Petition of Nearhoof, 178 W.Va. 359, 359 S.E.2d 587 (1987) ("Upon the petition of a grandparent, pursuant to W. Va.Code, 48-2B-1 [1980], seeking visitation rights with a grandchild or grandchildren, who is the child or are the children of the grandparent's deceased child, a trial court may order that the grandparent shall have reasonable and seasonable visitation rights with the grandchild or grandchildren provided such visitation is in the best interest of the grandchild or grandchildren involved, even though the grandchild or grandchildren has or have been adopted by the spouse of the deceased child's former spouse."). Nevertheless, the circuit court noted the grandparents' objections.

In response to the grandparents' opposition to changing Jon C. L.'s surname, Warren and Melissa offered to retain the child's former surname as his middle name, i.e., Jon L. A., or to hyphenate his last name to include both his former and proposed future surnames, i.e., Jon C.L.A. During the course of the proceedings, Jon's guardian ad litem recommended that Warren be permitted to adopt Jon, but she did not specifically state whether Jon's surname should be changed.

Upon the evidence presented during the adoption hearing, the circuit court ultimately granted the petition for adoption but denied the request to change Jon's surname. As to these matters, the circuit court, by order entered September 24, 2004, ruled

Accordingly, it is ADJUDGED, DECLARED and ORDERED that said child is adopted by petitioner WARREN L. A[.], and from this time forward, the rights, duties, privileges, and relationships between said child and the petitioner Warren L. A[.], shall be the same in all respects, including the right of inheritance, as if the child had been born to him and petitioner, Melissa A. A[.]

. . . .

The Court then considered the motion of the petitioner to change the child's name to JON C[.] A[.], or alternatively, to JON L[.] A[.] Considering the objection of the paternal grandparents, the Court FINDS that the proposed change of the child's name would not significantly advance his interests, and if the child wishes to change his name, he can do so as an adult. Therefore, it is ADJUDGED, DECLARED and ORDERED that from this time forward said child's name shall remain be [sic] JON C[.] A[.], to which ruling the petitioners did OBJECT.

From this ruling, Warren and Melissa now appeal to this Court.

II. STANDARD OF REVIEW

The solitary issue presented for our consideration and determination in this case is whether the circuit court erred by denying the request of Warren and Melissa to change Jon's surname incident to his adoption by Warren. We previously have held that our review of a circuit court's order is varied:

In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.

Syl. pt. 2, Walker v. West Virginia Ethics Comm'n, 201 W.Va. 108, 492 S.E.2d 167 (1997). Accord Syl. pt. 1, State ex rel. Hechler v. Christian Action Network, 201 W.Va. 71, 491 S.E.2d 618 (1997).

Moreover, where, as here, the question before the circuit court involves the interpretation of the applicable law and governing statutes, our review is plenary. "Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review." Syl. pt. 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995). See also Syl. pt. 1, Appalachian Power Co. v. State Tax Dep't of West Virginia, 195 W.Va. 573, 466 S.E.2d 424 (1995) ("Interpreting a statute or an administrative rule or regulation presents a purely legal question subject to de novo review.").

Mindful of these standards, we proceed to consider the parties' arguments.

III. DISCUSSION

On appeal to this Court, the parties do not dispute the correctness of the order of adoption itself, but rather Warren and Melissa assign error to that part of the circuit court's order which denied their request to change Jon's surname incident to his adoption by Warren. In support of their appeal, Warren and...

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