Pyscho Biological Father

[stormyautumn]

What is the name of your state? IN

I have been harrassed and bothered by my daughter's biological father since she was born. I am going to try and put this in a nut sheel since this is the longest story ever! He was very abusive, emotionally, physically and mentally. When I was pregnant the abuse got worse and he insisted on being at the birth even though he told me I was a lying W*ore and the baby wasn't his. Well he was there (I only let him because he threatened me) then refused to sign the birth certificate (daughter has my last name) I got a restraining order on him shortly after but dropped it because as a pro abuser he sweet talked back into his fake wonderful world. Things went drastically down hill from there and I left him when my daughter was 4 months old. The day after I left, I moved in with my mother he sent police to my house almost everyday, they said they understood he wasn't on the birth cdrtificate but they had to repond to the call..He also made false accusations against me to DCF for child abuse. ALl of which were closed after invesitgation. He then mustered up the money (of his then current girlfriend) and took me to court. His narcissistic sweet talking got him some unsurpervised visisitation for 4 hours on saturdays and he was ordered to py me child support. These were temporaray orders at the time. The judge denied my restraining order and said the 900, yes 900 phone calls recorded by att were simply a loving dad trying to see his daughter. Well the visits stopped fast because he tried to control me making me drop her off (I arranged to have my mother do it so I would not have to be yelled and called names infront of my daughter) so he continues to threaten saying he wouldn't return her unless I was there. So I stopped her from going. We went back to court and this time around I said I want a paternity test (since he still continued to deny he was the dad) and a drug test (he is a known drug user) We were to get the test immediately after court. He said he hasd to go to the atm and I never saw him again and the case was dismissed. A year later he started the harrassing emails agian. (two years after this I moved to indy where I have been for the last 2 years) He has now opened a webpage with her name and keeps sending emails telling me she will hate me and so on and so forth. What it boils down to is that I am with a wonderful man right now for the past two years and we just had a son together. My daughter carries my last name and her biological father is not on the birth certificate and has made no legal attempts to see her in years except by trying to harrass me into it. My soon to be husband wants to adopt my daughter. Would I be able to do this without him being contacted? Because I know he will never give up his rights evn though he fails to do anything. Can I petition a name change for her without him being notified? Can I petition her named to be changed to my Fiance's last name before the adoption process begins? Please help...trying to end this.

 

[Silverplum]

No.

And next time, make some paragraphs...hit "enter" once in a while. That hurt to read.

 

[stormyautumn]

Wow, I came here from some help not to get criticized. No to what? Forget this site.

 

[Silverplum]

Wow, I came here from some help not to get criticized. No to what? Forget this site.

The legal answer to your question is NO. Wow, you can't even keep track of YOUR OWN question...and expect me to care and write you a baby-lullaby? Sheesh.

 

[stormyautumn]

What is wrong with you????? I am a frustrated mom looking for help. Let's see how you would feel having your daughters picture posted all over te internet. That is not the advice I have gotten from others. A public defender told my I could since he is not on the birth certificate but then other people tell me no. Just looking for some help. Please stay away from my thread if you are going to be a nasty person. I don't need this sh*t right now.

 

[TinkerBelleLuvr]

First, you entry is extremely difficult to read. Can you edit and put in some white space?

Confused here - if they order child support & parenting time, that means there is a court order out there naming him daddy. Please clarify.

 

[Silverplum]

What is wrong with you????? I am a frustrated mom looking for help. Let's see how you would feel having your daughters picture posted all over te internet. That is not the advice I have gotten from others. A public defender told my I could since he is not on the birth certificate but then other people tell me no. Just looking for some help. Please stay away from my thread if you are going to be a nasty person. I don't need this sh*t right now.

Want to be taken seriously?

Act like a grownup. I'm not going to play around with you, and neither will anyone else.

Want legal help? Rewrite your post so grownups can read. Use paragraphs. No swearing.

 

[Just Blue]

What is wrong with you????? I am a frustrated mom looking for help. Let's see how you would feel having your daughters picture posted all over te internet. That is not the advice I have gotten from others. A public defender told my I could since he is not on the birth certificate but then other people tell me no. Just looking for some help. Please stay away from my thread if you are going to be a nasty person. I don't need this sh*t right now.

The child has a legally adjudicated father. You can NOT just have some guy your with adopt someones else's child. You can NOT have your child's name changed to some guy your dating. There are legal steps to follow. Please pm me the "public defender" information so that I may report him/her to your state bar.

 

[stormyautumn]

Paternity had never been established and the case was dismissed. This was in Florida. He never had any rights to her. The judge let him take my daughter for visitation even though he sat in the court room saying "She's probably not mine"

 

[BillysGirl]

FL- I would think that paternity would have to be established first. Why not change the childs last name to yours?

 

[stormyautumn]

FL- I would think that paternity would have to be established first. Why not change the childs last name to yours?

She does have my last name

 

[stormyautumn]

Name Change Action Allowed: In Indiana, a person may change the name of a minor by filing an action in the circuit court with appropriate forms.

Is there any reason why a person might not be allowed to change his or her name? Yes. Assuming that all requirements for the Petition and the Notice of Petition are satisfied, the court may still consider objections to the petition by a parent or guardian and find that it is not in the best interests of the minor to grant the change of name. Also, the requested name change must be consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.

Requirements for Name Change Order: For an order of name change to be granted, the court must find compliance with the statutory requirements, satisfactory reasons for the change of name, find that it is in the best interests of the minor, and also determine that the change is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.



Who must be provided notice of the Petition? The general public through publication in a newspaper published in the county in which the petition is filed. Also, any parent or guardian not consenting to the change of name must be served a summons and a copy of the petition for change of name.

Can individuals "object" to my Petition for Name Change? Yes. Parents and guardians can object and the court then must determine whether the change of name is "in the best interests of the minor". Only if paternity of the other parent has been established can they object. Also, any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.

.


The court can not hear the petition until thirty (30) days after the later of (1) filing of proof of publication of the note of the petition, or, (2) the service of the petition upon the parent(s) or guardian.

If written objections are filed by a parent or guardian, or a parent or guardian has refused or failed to give consent to the change of name, the court will set the petition for a hearing. If no objections are filed and the necessary written consents are filed, and proof of publication has been filed, the court may proceed to rule on the petition. Once the order and decree is signed, the petitioner is free to assume their new name.

Statutes:

IC 34-28-2-1:
Except as provided in section 1.5 of this chapter, the circuit courts in Indiana may change the names of natural persons on application by petition. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.1.

IC 34-28-2-1.5:
A person may not petition for a change of name under this chapter if the person is confined to a department of correction facility. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.1.5.

IC 34-28-2-2:

(a) The petition described in section (1) of this chapter may be filed with the circuit court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.

(c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as required by the Indiana trial rules. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.2.

IC 34-28-2-3:
(a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows:
(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.
(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.

(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard asindicated in the notice.

(b) In the case of a petition described in section 2(b) of this chapter, the petitioner must publish the first notice of the petition not more than seven (7) days after the date the petition is filed.
(c) In the case of a petition described in section 2(b) of this chapter, the notice required by this section must include the following:

(1) The name of the petitioner.
(2) The name of the minor child whose name is to be changed.

(3) The new name desired.

(4) The name of the court in which the action is pending.

(5) The date on which the petition was filed.

(6) A statement that any person has the right to appear at the hearing and to file objections.

(d) Except as provided in section 1.5 of this chapter, in the case of a person who has had a felony conviction within ten (10)years before filing a petition for a change of name, at least thirty (30) days before the hearing the petitioner must give notice of the filing of the petition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner resides; and

(3) the Indiana central repository for criminal history information.

(e) The notice given to the Indiana central repository for criminal history information under subsection (d) must include the petitioner's full current name, requested name change, date of birth, address, physical description, and a full set of classifiable fingerprints.
(f) The Indiana central repository for criminal history information shall forward a copy of any criminal records of the petitioner to the court for the court's information.

(g) A copy of the court decree granting or denying such a petition shall be sent to the Indiana state police.

(h) A person who violates subsection (d) commits a Class A misdemeanor. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.3.

IC 34-28-2-4:
(a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c), and (d), proceed to hear the petition and make an order and decree the court determines is just and reasonable.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:

(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.

(c) In the case of a petition described in section 2(b) of this chapter, the court shall set a date for a hearing on the petition if:
(1) written objections have been filed; or
(2) either parent or the guardian of the minor child has refused or failed to give written consent as described in section 2(b) of this chapter.

The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed written objections.
(d) In deciding on a petition to change the name of a minor child, the court shall be guided by the best interest of the child rule under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who:

(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 17 (or IC 31-1-11.5 before its repeal); and
(2) objects to the proposed name change of the child.

(e) In the case of a person required to give notice under section 3(d) of this chapter, the petitioner must certify to the court that the petitioner has complied with the notice requirements of that subsection. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.4.
IC 34-28-2-5:
(a) A copy of the decree of the court changing the name of any natural person, certified under the seal of the court by the clerk of the court, is sufficient evidence of the name of the person, and of a change having been made, in any court of Indiana.
(b) In the case of a petition described in section 2(b) of this chapter, the court shall send a copy of the final decree to the state department of health and to the local health department of the county.

(c) In the case of a petition filed by a person at least seventeen (17) years of age, the court shall send a copy of the final decree to the clerk of the circuit court or board of registration of the county where the person resides. Title 34 Civil Law and Procedure, Article 28 Special Proceedings: Miscellaneous Civil Proceedings and Civil Remedies, Chapter 2. Change of Name, Sec.5.

Other Name Change References:
Minor:
The term "minor" means a person less than twenty-one (21) years of age. TITLE 7.1 Alcoholic Beverages, Article 1 General Provisions, Chapter 3 Definitions of General Applicability, Sec.25.

 

[stormyautumn]

Found my answer - Only if paternity has been established can the other parent object

 

[Gracie3787]

Found my answer - Only if paternity has been established can the other parent object

You stated in your first post that a CS order and a visitation order was issued by a Florida Judge. They may have been temporary orders, but, unless the court has since completely set aside the temp orders, dismissed any pending actions, AND closed the case, you CANNOT LEGALLY change your child's name without proper legal notification to the legally ajudicated father.

IF you do so, you can get into ALOT of legal hot water. Since you want to change the name, and court orders exist in FL you will have to do 2 things, first, you have to give the father legal notice. This means that you will have to be able to prove to a court that you did notify him. IF he objects, you'll have to file a petition for modification and name change in the same court that the CS and visitation orders are in. Now, IF the father also has moved to IN, you can file for a change of venue to IN, but if the father still lives in FL, you'll have to file in FL.

 

[BillysGirl]

yea I just re-read your problem and saw that she does have your last name. Sorry about that. I think the other poster was right. If there are still orders in florida, you will have to take care of them first.