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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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