MINOR NAME CHANGE PETITIONS IN INDIANA: ANSWERS TO FREQUENTLY ASKED QUESTIONS
Does Indiana law permit a parent to file a petition to change the name of his or her child?
Answer: Yes. Section 34-28-2-2 of the Indiana Code specifically provides that a parent may file a petition to change the name of a minor child. An Indiana Minor Name Change Petition must set forth the reason why the proposed name change is requested. If both natural parents do not sign the petition, the other parent must be provided notice of the application. However, notice does not have to be provided to a father whose paternity has not been established. A natural father of a child that was born out of wedlock is not permitted to challenge a proposed name change until his paternity of the child has been legally established.
Where Is a Name Change Petition for a Minor Filed?
Answer: The Petition should be filed in the Circuit Court of the Indiana county in which the child presently resides. It does not matter if the child was born in another state or county.
What Happens if One of the Natural Parents Opposes a Proposed Name Change?
Answer: If one of a natural parent objects, the court decides whether or not to permit the proposed name change based on the best interests of the subject child.
Is a Natural Father Who has Abandoned a Child Challenge a Name Change Petition Filed by the Mother?
Answer: Provided that the father's paternity has been legally established, he may try to challenge the petition. However, Indiana courts have held that a father's failure to pay court-ordered child support or comply with other court-ordered duties toward the child must be considered by the court in its decision.
This information is brought to you by the Indiana Name Change specialists at IndianaNameChange.com. We are not a law firm, and the information set forth above is not a substitute for the advice of an attorney. We offer Indiana Name Change Forms for use by adults, minors and new brides in all Indiana counties.