Child’s best interest includes having father’s surname

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A noncustodial father’s active participation in his son’s life convinced the Indiana Court of Appeals that giving the father’s surname to the minor was in the best interest of the child.

The trial court denied the petition for change of name, ruling because the child, N.C.G., had gone by his mother’s surname for more than two years, giving the minor a new last name would not be in his best interest.

The father appealed, asserting the conclusions of the trial court “derived from findings of fact are clearly erroneous.” He told the court he had been trying to get his son’s name changed since the child was born. However, he had been unsuccessfully because he could not settle the issue with the child’s mother.  

In In Re: The Paternity of: N.C.G., B.G. v N.G., 02A04-1301-JP-21, the Indiana Court of Appeals agreed with the father. It reversed the trial court and remanded with instructions that the trial court enter an order changing N.C.G’s surname to the father’s.

The Court of Appeals pointed to recent cases, namely C.B. v B.W., 985 N.E.2d 340, 348 (Ind. Ct. App. 2013) and Petersen v Burton, 871 N.E.2d 1025, 1029 (Ind. Ct. App. 2007), which held that it is in the child’s best interest to carry the father’s surname when the adult pays child support and actively participates in the minor’s life.

“Similarly, as observed in C.B., having a father’s surname under circumstances such as those presented in the instant case is in a child’s best interest because it is a tangible reminder that the child has two parents,” Judge John Baker wrote for the court.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...