(1) Both parents, provided both are living, or one (1) parent if one (1) is deceased, or if no parent is living, the guardian, may have the name of a child under the age of eighteen (18) changed by the District Court, or if the Family Court or Circuit Court has a case before it involving the family, the Family Court of a county with a Family Court, or the Circuit Court of a county without a Family Court of the county in which the child resides.
(2) If one (1) parent refuses or is unavailable to execute the petition for a name change, proper notice of filing the petition shall be served in accordance with the Rules of Civil Procedure. The court shall conduct a hearing on the petition no later than sixty (60) days from the date of service and make findings of fact and conclusions of law based on the best interests of the child. The court shall consider all relevant factors, including:
(a) The wishes of the child's parent or parents;
(b) The wishes of the child as to the name change, with due consideration given to the influence a parent may have over the child's wishes;
(c) The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(d) The motivation of the adults participating in the proceeding; and (e) The mental and physical health of all individuals involved.
(3) If the child resides on a United States Army post, military reservation, or fort, his or her name may be changed by the District Court, or the Family Court of a county with a Family Court, or the Circuit Court of a county without a Family Court of any county adjacent thereto.