Court Error – Statutory Authority

By: Derek Hawkins//May 1, 2018//

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WI Court of Appeals – District IV

Case Name: Sara J. Scace v. Bryan J. Schulte

Case No.: 2016AP2413

Officials: Sherman, Kloppenburg and Fitzpatrick, JJ.

Focus: Court Error – Statutory Authority

Sara J. Scace appeals from an order of the circuit court directing that the last name of Scace’s child be changed to Scace-Schulte. Bryan J. Schulte, who acknowledged paternity of the child, argued for the name change. Scace argues that the court lacked the statutory authority to order the child’s name change and that, even if the court had the authority to change the child’s name, the court erred in determining that the name change is in the best interests of the child. We agree that the circuit court lacked the authority to change the child’s name under these facts and reverse the order on that basis.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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