Paternity: Amanda Newcomer v. John McQueary (mem. dec.)
92A03-1610-JP-2347
| Ind. Ct. App. | Mar 28, 2017Background
- Amanda Newcomer and John McQueary are parents of C.M., born May 16, 2011; parents unmarried.
- In April 2012 the trial court ordered C.M.’s surname changed to "McQueary" (an order Newcomer did not appeal); the birth certificate was changed accordingly.
- Despite the court order, Newcomer continued to use "Newcomer" for C.M. in multiple contexts (school enrollment, medical records, church, activities) and C.M.’s community knew him by that name.
- In May 2016 Newcomer petitioned to restore C.M.’s surname to "Newcomer." The trial court held an evidentiary hearing and denied the petition; denial of her motion to correct error was also denied.
- On appeal, Newcomer conceded the trial court’s factual findings were supported by the record but argued they did not support the conclusion that restoring the name would be against C.M.’s best interests.
- The appellate court reviewed for abuse of discretion and applied a general-judgment standard for the best-interest issue, affirming the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused its discretion in denying petition to restore minor’s surname | Newcomer: restoring surname to "Newcomer" is in C.M.’s best interests because the child and community know him by that name; it preserves sibling unity and identity | McQueary: (argued implicitly via presumption) father who pays support and objects has presumption favoring keeping "McQueary"; child should share father’s name given his relationship and care | Court: No abuse of discretion; best-interest factors support retaining "McQueary" |
Key Cases Cited
- Herron v. City of Indianapolis, 59 N.E.3d 319 (Ind. Ct. App.) (discusses prima facie error standard when appellee does not file brief)
- Otter Creek Trading Co., Inc. v. PCM Enviro PTY, LTD, 60 N.E.3d 217 (Ind. Ct. App.) (standard for reviewing denial of motion to correct error/abuse of discretion)
- Samples v. Wilson, 12 N.E.3d 946 (Ind. Ct. App.) (two-tier review for sua sponte findings and general-judgment standard when findings do not address an issue)