.and what would stop him from using the new 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
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 his father is in prison, is there any way for him to protest the name change?
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

