Third signature required to change child's name?

[kwakeland1]

What is the name of your state (only U.S. law)? Indiana

I was awarded custody of my daughter after her mother had a run in with the law and spent time in jail. during her time in jail her mother (daughters grandmother) became an intervenor wishfully thinking she would get custody from me. I obviously prevailed. Mother has been out for quite a while, so both parents are alive and active, both with legal custody.

The issue is this. My daughter has her mothers last name and I'm wanting it changed to mine. Mother agrees and has told me she will sign a legal document to make this happen. When my lawyer went to draft up the agreement he informed me there will be an issue if grandmother wont sign the document too. To me grandmother should have no legal say in the parents decision making. She has not been awarded any sort of legal custody. how can this be true? Is my lawyer misinterpreting something? (wouldn't be the first time)

Thanks,
Keith W

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I was awarded custody of my daughter after her mother had a run in with the law and spent time in jail. during her time in jail her mother (daughters grandmother) became an intervenor wishfully thinking she would get custody from me. I obviously prevailed. Mother has been out for quite a while, so both parents are alive and active, both with legal custody.

The issue is this. My daughter has her mothers last name and I'm wanting it changed to mine. Mother agrees and has told me she will sign a legal document to make this happen. When my lawyer went to draft up the agreement he informed me there will be an issue if grandmother wont sign the document too. To me grandmother should have no legal say in the parents decision making. She has not been awarded any sort of legal custody. how can this be true? Is my lawyer misinterpreting something? (wouldn't be the first time)

Thanks,
Keith W

You need to ask the attorney, specifically, why he thinks that grandma needs to sign off on this. I can think of nothing under the law in Indiana, that would require grandma's signature on a name change, just because she intervened to attempt to get custody and failed. A grandparent cannot even stop an adoption in Indiana, even if they attempted to get custody and failed. A name change is nothing compared to that.

Even if the judge awarded grandma visitation rights, that would not make her permission required to change the child's last name.

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana

I was awarded custody of my daughter after her mother had a run in with the law and spent time in jail. during her time in jail her mother (daughters grandmother) became an intervenor wishfully thinking she would get custody from me. I obviously prevailed. Mother has been out for quite a while, so both parents are alive and active, both with legal custody.

The issue is this. My daughter has her mothers last name and I'm wanting it changed to mine. Mother agrees and has told me she will sign a legal document to make this happen. When my lawyer went to draft up the agreement he informed me there will be an issue if grandmother wont sign the document too. To me grandmother should have no legal say in the parents decision making. She has not been awarded any sort of legal custody. how can this be true? Is my lawyer misinterpreting something? (wouldn't be the first time)

Thanks,
Keith W

Unless LdiJ (Indiana expert) can say otherwise, I find that to be completely preposterous. Standby though.

 

[Proserpina]

You need to ask the attorney, specifically, why he thinks that grandma needs to sign off on this. I can think of nothing under the law in Indiana, that would require grandma's signature on a name change, just because she intervened to attempt to get custody and failed. A grandparent cannot even stop an adoption in Indiana, even if they attempted to get custody and failed. A name change is nothing compared to that.

Even if the judge awarded grandma visitation rights, that would not make her permission required to change the child's last name.

Heh. I just mentioned you and you were here before I hit enter.