Mom not in contempt over middle name change

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A trial court erred in finding a mother in contempt for not changing the middle name of her child, the Indiana Court of Appeals ruled today. The appellate court remanded the case for consideration of whether the name change would be in the best interest of the child.

In Amy M. Swadner v. John W. Swadner II, No. 32A01-0801-CV-1, Amy Swadner appealed several issues following the dissolution of her marriage to John Swadner, including the trial court order for her to change the middle name of their son, E.S.S. to "Wakefield," a family name of the father, and finding her in contempt for failing to do so. A guardian ad litem appointed to the Swadner case issued preliminary recommendations for E.G.S., and E.S.S. E.S.S. was not born at the time of the dissolution. The recommendations included joint legal custody of the children, parenting time, and using Wakefield as E.S.S.'s middle name. John filed a petition for a contempt citation when Amy didn't give E.S.S. the middle name as recommended by the GAL.

The trial court found her in contempt, ordered her to change their son's middle name, and to pay $600 for John's attorney fees. There haven't been previous cases from Indiana addressing disputes of the first or middle name of a child, wrote Judge Paul Mathias, so the court looked to Indiana statute regarding name changes of a minor child and caselaw on petitions to change a child's last name. The appellate court determined that trial courts are required to consider the best interests of the child when deciding a petition to change a first or middle name. There was no finding to show whether the trial court considered the child's best interests when it held Amy in contempt, he wrote. In addition, Amy wasn't bound by the GAL's recommendation concerning the name change, so she can't be found in contempt for failing to change the middle name, Judge Mathias wrote. Even though the parents agreed to adopt the GAL's preliminary recommendations, they reserved the right to argue against any of them at a final hearing.

The Court of Appeals also addressed other issues raised by Amy on appeal: joint custody and parenting time, work-related child-care costs, her petition to relocate, and the division of the marital estate. The appellate court affirmed the adoption of the GAL's parenting time recommendations, the award of joint legal custody, the portion of child care expenses each party had to pay, and the denial of Amy's petition to relocate with the children to Fort Wayne. The trial court failed to consider the total equity in the marital residence and the full amount of John's 401(k) when it divided the marital assets. The Court of Appeals remanded with instructions to either recalculate the parties' marital estate following the statutory presumption of equal division or set forth its rationale for deviating from that presumption.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  4. 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.

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