Proof of publication; time of hearing; notice requirements;
determination on petition
Sec. 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.
As added by P.L.1-1998, SEC.24.
Last modified: May 24, 2006