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  5. My Child Wants To Live With Me, Is This Enough To Modify My Custody Order?

My Child Wants To Live With Me, Is This Enough To Modify My Custody Order?

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2020 | Child Custody, Family Law

The short answer is, it depends. Indiana has established a specific statutory code for custody modification that requires the parent moving for custody modification to establish certain facts. Depending on your circumstances, your child’s wishes may be enough to modify your current custody order. In this blog, we provide a brief overview of the requirements a parent must meet to modify their current custody order and whether a child’s wishes can be enough.

In order to modify your current custody order, you must establish two things. First, you must show that a modification of custody is in the child’s best interests.1 Second, you must establish there has been a substantial change in circumstances to one of the following factors: “(1) The age and sex of the child; (2) the wishes of the parents; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age; (4) the interaction and interrelationship of the child with: (A) the child’s parents; (B) the child’s siblings; and (C) any other person who may significantly affect the child’s best interest; (5) the child’s adjustment to the child’s: (A) home; (B) school; and (C) community; (6)the mental and physical health of all individuals involved; (7) evidence of a pattern of domestic or family violence by either parent.”2

As such, if your child is at least fourteen and you can establish that it would be in your child’s best interests, then you may be able to modify your current custody order. We say may because the Court of Appeals’ caselaw that guides trial courts gives wide latitude to judges on whether a child’s wishes, standing alone, is enough to modify custody.3 However, more recent decisions from the Court of Appeals’ have shifted towards the Court accepting an older child’s wishes as enough to warrant a modification.4 Even if your child is not fourteen, depending on the circumstances, your child’s desire may still be enough to warrant a modification. As one recent court decision held,“[t]hat the child’s wishes are to be given more consideration if the child is at least fourteen years old does not mean that the wishes of a child who is not yet fourteen cannot be considered.”5

Child custody modifications can be a trying time for individuals. These types of proceedings are extremely fact-sensitive and require skilled counsel to submit key evidence to support your modifications. These are often complex and serious legal proceedings when a modification of custody is at hand; thus, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys’ practice throughout the State of Indiana and understand the significance of custody modification and the need for careful planning for the hearing. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code section 31-17-2-21
  • Ind. Code section 31-17-2-8
  • Williamson v. Williamson, 825 N.E. 2d 33 (Ind. Ct. App. 2005).
  • In re Marriage of Sutton, 16 N.E.3d 481 (Ind. Ct. App. 2014)
  • Collyear-Bell v. Bell, 105 N.E.3d 176, 186 (Ind. Ct. App. 2018)
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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