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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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