C.B. v. B.W.
2013 Ind. App. LEXIS 134
| Ind. Ct. App. | 2013Background
- Child C.D.B. (born 2007) is in a paternity action between Mother and Father.
- Parents were together intermittently; engaged in 2009 with plan to name-change at marriage, later not married.
- February 2011: Father petitioned to establish paternity; mediated agreement resolved custody, visitation, and support.
- June 2012: trial court held a name-change evidentiary hearing and granted Father’s surname-change request.
- Mother objected; the court issued sua sponte findings supporting the surname change, and Mother appeals.
- Trial court concluded changing to Father’s surname serves the child’s best interests; opinion affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse its discretion in changing the child’s surname? | Mother argues findings do not support the best-interests conclusion. | Father argues the record shows best interests given involvement and custody arrangement. | No abuse; change affirmed as in child’s best interests. |
| Was reliance on prior engagement agreement an improper basis for the change? | Mother asserts prior agreement cannot justify a name change. | Father contends other factors support the decision; prior agreement not sole basis. | Not reversible error; court relied on multiple factors beyond prior agreement. |
| Were the trial court’s findings supported by the record regarding best interests? | Mother challenges specific findings as unsupported or erroneous. | Father asserts findings, taken with record evidence, support the decision. | Yes; the evidence supports the findings and the best-interests conclusion. |
Key Cases Cited
- Petersen v. Burton, 871 N.E.2d 1025 (Ind.Ct.App.2007) (father’s involvement and support can support name change)
- In re Paternity of Tibbitts, 668 N.E.2d 1266 (Ind.Ct.App.1996) (best interests include support, visitation, involvement)
- In re Paternity of M.O.B., 627 N.E.2d 1317 (Ind.Ct.App.1994) (evidence may rebut best interests; requires case-by-case weighing)
- Garrison v. Knauss, 637 N.E.2d 160 (Ind.Ct.App.1994) (before Tibbitts/Petersen split on rationale for name change)
- In re Paternity of J.C., 819 N.E.2d 525 (Ind.Ct.App.2004) (prior parental agreement not proper basis for surname change)