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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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