Legal Question in Family Law in Indiana

I have two children w/ the same father. Both children born out of wedlock. The oldest is 7. The father is ordered support on her, the second is 4. There is no support order as he does not want to legally claim him. (He did sign a paternity affidavit, but I was not asked if he was the father at the hospital and did not ask for this affidavit.) He is approximately $6-8,000 behind in support on the first child. He was granted supervised visitation 2 days a week totaling 4 hours, which he did not always take advantage of and more often than not was in contempt of the order in one way or another. The father has a lengthy criminal record. Was incarcerated in the county jail approximately 8 months before going to a low security DOC facility for 13 months. He was released from IDOC 11 months early and transferred to a community corrections program for 11 months w/ 11 months probation to be served concurrent. After approximately 5 weeks, he left this facility and did not return. There is currently an active warrant. Can I legally change their last name? Will the father have to consent? Do I need a lawyer or can I file the petition on my own? He has no relationship w/ the youngest and the year before this incarceration only saw the oldest on occasion. I live in Indiana.


Asked on 11/06/11, 12:54 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You can ask to change the name. The father has to receive notice. Whether the court will grant it under these facts depends on whether you can show there is a good reason for it beyond "I want to do this because the father is a no good bum".

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Answered on 11/08/11, 6:39 am


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