ILNews

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. 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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