Korie M. Leslie v. Jeremy D. Farmer

54 N.E.3d 408, 2016 WL 2745017, 2016 Ind. App. LEXIS 146
CourtIndiana Court of Appeals
DecidedMay 11, 2016
Docket87A01-1508-JP-1164
StatusPublished

This text of 54 N.E.3d 408 (Korie M. Leslie v. Jeremy D. Farmer) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Korie M. Leslie v. Jeremy D. Farmer, 54 N.E.3d 408, 2016 WL 2745017, 2016 Ind. App. LEXIS 146 (Ind. Ct. App. 2016).

Opinion

BROWN, Judge.

[1] Korie M. Leslie (“Mother”) appeals the trial court’s order granting .the request of Jeremy D. Farmer (“Father”) to change the last name of B. (“Child”) to Father’s last name. Mother raises one issue which we revise and restate as whether the court abused its discretion in granting Father’s request. We affirm.

Facts and Procedural History

[2] Father filed a petition to establish paternity on February 5, 201Ó, requesting an order for testing to determine if he was the biological father of Mother’s unborn child. Child was bom on August 30, 2010. An entry in the chronological ease summary (“CCS”) in February 2011 states the court was advised that one issue remained unresolved and that, by agreement of the parties, a hearing was scheduled on the issue of who will supervise Father’s parenting time. On July 20, 2011, the court entered an Agreed Order stating that, based on DNA testing, Father is the biological father of Child, ordering that Mother have primary physical and sole legal custody of Child, setting Father’s parenting time, determining that Father shall pay Mother child support of seventy^one dollars per week effective September 3, 2010, acknowledging that the parties’ agreement that Father’s support arrear-age was $3,266 as of July 15, 2011, and ordering Father to pay Mother $1,629.63 for childbirth expenses and $1,500 for her attorney fees.

[3] Mother filed an information for contempt in September 2011, and a CCS entry on October 18, 2011, states: “Mother and attorney appear. Father, appears pro se. A.greement recited. Father has paid money due. No sentence on I/C ordered and father to pay as recited.” Appellant’s Appendix, Volume 1, at 6. An entry. on October 20, 2011, states: “Agreed order on contempt entered_ Court 'clarifies 10-18 minute to confirm father has made payments toward ‘ amounts . due, but all amounts due have not been made.” Id.

[4] Mother filed a petition to modify on February 14,2012, and Father filed a petition to modify on March 8, 2012. On April 17, 2012, the court entered an Agreed Order of Modification stating that the parties ■withdrew their petitions and would remain as joint legal custodians of Child, and setting forth Father’s regular and holiday parenting time¡

[5] In August'2014, Father sent' an email message to Mother regarding changing Child’s last name, stating that, with Child starting preschool and Mother about to be married, he wanted Child’s last name changed from Mother’s last name (“Maternal Name”) to Father’s last name (“Paternal Name”) since'he expected Mother to accept her new husband’s last name. Mother replied that Child’s last name would not be changed. An entry in the CCS on October 15, 2014,' reflects that Mother filed an information for contempt, an entry in the CCS the following day shows a hearing scheduled, and a later entry shows the hearing was rescheduled for May 6, 2015.

[6] An entry on October 16, 2014, states that Father by counsel filed a peti *410 tion for change of name. 1 An entry in the CCS which was input on May 7, ■ 2015, states that the parties and counsel appeared at a hearing on miscellaneous issues on May 6, 2015, that the information for contempt had been satisfied with the payment of $1,450 paid by Father on that date, that the parties stipulated that Father overpaid ninety-six dollars on his regular child support, and that the court, upon request by Mother’s counsel, ordered Father to pay $500 toward Mother’s attorney fees.

[7] On July 16, 2015, the court held a hearing on Father’s petition for change of name. He testified that he had to fight to establish paternity, that he was current on his child support, and that, throughout Mother’s different fiancés and the different places where Child has lived, he has consistently exercised his parenting time. He testified that Child would turn five years old on August 30th, that, at the time Child was born, Mother was with a man and they later broke up, that Mother then became engaged to another man and they lived together, and that she then became engaged to her current husband. Father testified he had taken Child to Orlando, Florida three times in the last three years, that he exercises parenting time every other weekend and every Wednesday from 3:00pm to 7:00pm, and that he attended Child’s games.

[8] On cross-examination, Father indicated he had not had any problems with access to Child’s school records due to having a different last name than Child. When asked if he thought Mother was “a good mom,” Father replied “100%.” Transcript at 14. He stated that he had worked with Child on writing her Paternal Name just as Mother had worked with her on writing her Maternal Name. When asked if he thought that was confusing to Child, he replied “[n]ot any more confusing than having three different fiancés in four years,” and when asked if both were confusing, Father answered “[y]es ... they are both confusing at different levels.” Id. at 16-17. When asked if the only time he had been current in child support in Child’s life was from May 2015 until the hearing, Father answered that, since he was unable to see Child for the first six months of her life, he had started out in árrears, that he had to pay Mother’s attorney fees, and that he had been paying his arrearage until a year earlier. He stated that his parents, grandparents, brother, sister, and an aunt and two uncles have the Paternal Name, and that, except for one uncle, they all lived in the Evansville area. Father indicated that he had been arrested four times, he had two DUIs, and that a charge of battery resulting in bodily injury as a class A misdemeanor from May 2013 was set for trial. He also acknowledged a collection matter involving a $500 credit card bill. When asked if he had. two other opportunities.to ask for Child’s name to be changed, Father answered .that he was “advised by [his] lawyer the first time that we agreed to ... the order that since she was dating a guy and gonna be married to him soon, that we should do what we could to get as much time with her as we could,” that “then once they got married her name changed and we’d switch,” and that “[t]he same thing has happened two more times since then.” Id. at 25.

[9] Mother testified that Child was enrolled in preschool under the Maternal Name, she has health insurance for Child under the Maternal name, Child is known in the community and identified by her doctor by that name, Child has savings bonds in that name which were purchased by Mother’s grandmother, and that Child’s *411 birth certifícate bears her Maternal Name. Mother further testified that she married her current husband in September 2014 and that her last name is hyphenated, using Maternal Name as the first portion and her current husband’s name as the second portion. She also indicated that she uses the Maternal Name on her . business cards and that she had no criminal record above an infraction.

[10] On cross-examination, when asked if the new baby she was carrying was going to take the name of Maternal Name, or a hyphenated name, Mother answered that “[w]e’re still deciding the- child’s name.” Id. at 45.

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Bluebook (online)
54 N.E.3d 408, 2016 WL 2745017, 2016 Ind. App. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korie-m-leslie-v-jeremy-d-farmer-indctapp-2016.