In the Supreme Court of the United States 10-1470

TIMOTHY EDWARD MCMENAMIN, PETITIONER, v. ERICA MCMENAMIN, RESPONDENT.
QUESTIONS PRESENTED
In this action, the respondent custodial
mother in a divorced family reverted to her maiden
name and obtained a name-change order for the
three minor children from a trial court in an ex parte
proceeding by submitting a false affidavit with
respect to the father’s support for and involvement in
the children’s lives. When he learned of the change,
the father re-opened the proceeding and obtained a
reversal of the original order. The mother did not
advise the children of the reversal of the falsely obtained
name change, and, at trial, the court found
that the children’s time under the falsely-obtained
name contributed to their best interest in retaining
that name, going forward. In doing so, the trial court
rejected controlling Oregon Supreme Court
precedent as based on outdated"social mores.” The
Oregon Court of Appeals affirmed without decision,
and the Oregon Supreme Court denied review.
www.leagle.com/decision/In SCO 20111003P37
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