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Check on how to do a name change for 2 minor children in…

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Check on how to do a name change for 2 minor children in Indiana

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I am getting information for our daughter regarding her children

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Answered in 2 minutes by:
9/5/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Does she have the consent of the other parent / legal guardian of the children?

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Customer reply replied 10 months ago
he disappeared when they were 3 months have not seen or heard from since. they are 5 1/2. now.

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Thank you for your patience. It appears that consent of the other party is not required per Indiana law:

Indiana Code Title 34. Civil Law and Procedure § 34-28-2-2
Sec. 2. (a) The petition described in section 1 of this chapter must:

(1) if applicable, include the information required by section 2.5 of this chapter;

(2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affirmed):

(A) under the penalties of perjury; and

(B) before a notary public or other person authorized to administer oaths; and

(3) be filed with the circuit court, superior court, or probate court of the county in which the person resides.

(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.

(This means that if consent is not required under the law below, which pertains to adoptions, but also name changes according to the statute above, then you don't need consent to have a name change for a minor):

Indiana Code Title 31. Family Law and Juvenile Law § 31-19-9-8
Sec. 8. (a) Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following:

(1) A parent or parents if the child is adjudged to have been abandoned or deserted for at least six (6) months immediately preceding the date of the filing of the petition for adoption.

(2) A parent of a child in the custody of another person if for a period of at least one (1) year the parent:

(A) fails without justifiable cause to communicate significantly with the child when able to do so; or

(B) knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree.

(3) The biological father of a child born out of wedlock whose paternity has not been established:

(A) by a court proceeding other than the adoption proceeding; or

(B) by executing a paternity affidavit under IC 16-37-2-2.1.

(4) The biological father of a child born out of wedlock who was conceived as a result of:

(A) a rape for which the father was convicted under IC 35-42-4-1;

(B) child molesting (IC 35-42-4-3);

(C) sexual misconduct with a minor (IC 35-42-4-9); or

(D) incest (IC 35-46-1-3).

(5) The putative father of a child born out of wedlock if the putative father's consent to adoption is irrevocably implied under section 15 of this chapter.

(6) The biological father of a child born out of wedlock if the:

(A) father's paternity is established after the filing of a petition for adoption in a court proceeding or by executing a paternity affidavit under IC 16-37-2-2.1; and

(B) father is required to but does not register with the putative father registry established by IC 31-19-5 within the period required by IC 31-19-5-12.

(7) A parent who has relinquished the parent's right to consent to adoption as provided in this chapter.

(8) A parent after the parent-child relationship has been terminated under IC 31-35 (or IC 31-6-5 before its repeal).

(9) A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent to adoption.

(10) A legal guardian or lawful custodian of the person to be adopted who has failed to consent to the adoption for reasons found by the court not to be in the best interests of the child.

(11) A parent if:

(A) a petitioner for adoption proves by clear and convincing evidence that the parent is unfit to be a parent; and

(B) the best interests of the child sought to be adopted would be served if the court dispensed with the parent's consent.

(12) A child's biological father who denies paternity of the child before or after the birth of the child if the denial of paternity:

(A) is in writing;

(B) is signed by the child's father in the presence of a notary public; and

(C) contains an acknowledgment that:

(i) the denial of paternity is irrevocable; and

(ii) the child's father will not receive notice of adoption proceedings.

A child's father who denies paternity of the child under this subdivision may not challenge or contest the child's adoption.

(b) If a parent has made only token efforts to support or to communicate with the child the court may declare the child abandoned by the parent.

So, in short, since he has not communicated with them in the past year, no consent is needed. Thus, here's the process:

FIRST Choose a Form Packet

Forms are available in two formats: (1) electronic fillable, and (2) printable. If you prefer to type your answers on the computer in an easy-to-use questionnaire and then print completed forms, choose the electronic fillable packet. When you answer the questions, the forms will be filled in automatically. If you prefer to complete the forms by hand following printed instructions, choose the printable packet.

Once the packet is completed, you must print the forms, sign the forms, make copies, and take them to the Clerk of the Court. Review your local court rules to find out how many copies you will need, and any additional forms or procedures required in your county.

THEN File your Completed Forms

  • Take the originals and copies of your forms to the Clerk of the Court.
    • The Clerk will provide the case number ***** process the forms. The Clerk will stamp the forms with a filing date and give you back a copy.
  • The court will set a hearing date when you file your Petition. Make sure this date is filled in on the Notice of Petition for Change of Name.
  • You will need to take the Notice of Petition for Change of Name for a Minor to the person who handles legal notices in your local newspaper. This Notice must appear once a week for three weeks. The last publication date must be at least thirty days before your hearing date.
  • The newspaper will send a proof of publication notice to you, which you will attach to the Notice of Filing Proof of Publication and then file these forms with the Court.
  • If you have had a felony conviction in the last ten (10) years, you must provide notice of the filing of your petition for name change both to the sheriff and the prosecuting attorney of the county where you live and to the Indiana central repository for criminal history information at least 30 days before the hearing on your petition. (Please see the NOTICE included in the Petition for more information.)

Once the name of the minor has been changed, it is your responsibility to inform government agencies, schools, and other interested agencies and businesses of the minor's new name.

The forms:

  • Get the Electronic Fillable Packet[Type answers on the computer in an easy-to-use questionnaire to have forms automatically filled in and ready to print.]
  • Get the Printable Packet[Print forms and instructions and complete forms by hand.]

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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