sounds like Childress got the OK from Dale Jr & Kelley beforehand
Childress consulted with Earnhardt family before using #3: The late Dale Earnhardt's famed #3 will be back on track in the elite Sprint Cup Series next season with Austin Dillon using the number. The move has been long anticipated because car owner Richard Childress has allowed his grandson to use the #3 as he's moved through NASCAR's ranks. Childress said he's consulted with Dale Earnhardt Jr. and his sister, Kelley, every time he's moved the #3 to a different level on the track and the Earnhardt family has been supportive. Earnhardt Jr. declined to use the #3 following his father's death, but has raced the number in the Nationwide Series. "I would be worried if I didn't think he'd respect it or not understand the legacy, but he does. I know he does. He appreciates it," Earnhardt Jr. said last week of Dillon using the #3