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  1. #1
    Join Date
    Jun 2012
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    12

    Default Circumstances to Change Child's Last Name

    My question involves name change laws in the State of: Indiana

    What are the circumstances that judge's look at for granting changing my son's last name? My son's father is in federal prison for fraud. He has committed identity theft with many family members with the same last name along with multiple other forms of identity theft and fraud that made it a federal crime, not state. My son's father has already stolen funds from our son. I want to prevent future hurt and/or crimes to my child since they have almost identical full names. The second part to that is the stigma in the community since this has hit the media. What are my chances of changing his last name to my maiden name?

  2. #2
    Join Date
    Jan 2006
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    20,671

    Default Re: Circumstances to Change Child's Last Name

    Unless the name is a well known name, the fact the crime was based in state or federal law is not going to make any difference. It's not like if I heard the name I would go "Oh ya, that's the guy that did [whatever]."

    You can try. The father can protest. The judge will make the decision.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    19,245

    Default Re: Circumstances to Change Child's Last Name

    How old is the child?

    And - really, is your name something along the lines of Gotti, Bundy or Manson?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
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    Jan 2006
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    Default Re: Circumstances to Change Child's Last Name

    Quote Quoting Dogmatique
    View Post
    How old is the child?

    And - really, is your name something along the lines of Gotti, Bundy or Manson?
    I went and saw that group last month. Kind of too heavy metal for me but not bad. Did a good stage show though regardless of the music.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Jun 2012
    Posts
    12

    Default Re: Circumstances to Change Child's Last Name

    The child is 3 yrs old. My main reason is for fear that his father will eventually use my son's name for fraudulent activity. If his father is in prison, is there any way for him to protest the name change? Are these circumstances taken into consideration? And for criminal charges, my son's father has had multiple aggravated crimes involving the same stuff...just FYI.

  6. #6
    Join Date
    Jan 2006
    Posts
    20,671

    Default Re: Circumstances to Change Child's Last Name

    krissy22;625129]The child is 3 yrs old. My main reason is for fear that his father will eventually use my son's name for fraudulent activity
    .and what would stop him from using the new name?

    If his father is in prison, is there any way for him to protest the name change?
    yes.In fact, the statute specifically states the parents must be given notice so if he replies with a notice of contest, it is going to get harder to get what you want.

    If you are willing to spend the money, all you can do is try and see where it goes. The worst that will happen is you are denied.

    here is a link to the law. section 31-19-9 (referred to underIC 34-28-2-2 ) involves adoptions so it wouldn't apply to your situation.



    http://www.in.gov/legislative/ic/cod.../ar28/ch2.html
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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