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Published by the Indiana Office of Court Services

In re N.C.G., No. 02A04-1301-JP-21, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2013).

September 27, 2013 Filed Under: Civil Tagged With: Appeals, J. Baker

Baker, J.
In the instant case, after appellant-respondent B.G. (Father) established paternity over his son, he and appellee-petitioner N.G. (Mother), through mediation, agreed on almost every issue except N.C.G.’s surname, which was fervently contested. The issue of N.C.G.’s surname was deferred until Father filed a verified petition to change his name. After a hearing on the petition, the trial court entered findings of fact, essentially determining that the parents were in equipoise but denying Father’s petition because the child had been known by Mother’s surname for about two and one-half years, which was the approximate time that the issue had been under some form of mediation between the contentious parties.
An examination of our evolving caselaw indicates that so long as a father pays child support, exercises parenting time, and actively participates in the child’s life, then the best interests of the child may be served by giving the child the father’s surname to reinforce the bond between father and his nonmarital child, particularly if father is the noncustodial parent. Because Father has paid child support, exercised parenting time, actively participated in N.C.G’s life, and demonstrated that he wants his son to have his name to solidify the bond that Father has with his noncustodial son, we reverse the judgment of the trial court.
….
FRIEDLANDER, J., and VAIDIK, J., concur.
 

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