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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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