In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented and the credibility of the witnesses — not just on what the child says they want.
That said, the court does listen to children. Under Indiana law, the judge must consider the wishes of the child, and those wishes are given more weight if the child is at least fourteen years old. However, “considering” the child’s wishes does not mean automatically following them. When making a custody determination, a judge may look at the child’s maturity, the reasons for their preference, whether the child appears to be influenced or pressured, and whether the requested change actually promotes stability and long-term well-being.
Most of the time, children do not testify in open court. Judges generally try to protect children from being put in the middle of their parents’ dispute. Instead, the court may speak with the child privately in chambers, appoint a Guardian ad Litem, or order a custody evaluation. Even though this process is more discreet, everything the child says and everything the parents do still matters and can influence the final outcome.
It is also important to understand that a child cannot simply decide to move in with the other parent. Until a court order is officially changed, the current custody order must be followed. Even if the child wants to move, or even if both parents agree informally, failing to properly modify a custody order can lead to accusations that you violated a court order.
If your child is asking to live with you, or if you are worried about losing custody or parenting time, you may want to consult with an attorney experienced in custody cases. The earlier you get proper legal advice, the more options you usually have and the more mistakes you can avoid. A knowledgeable Indiana family law attorney can evaluate your situation, protect you from costly missteps, and help you build a strategy that puts you in the strongest possible position to protect your relationship with your child.
Contact an experienced Indiana attorney to discuss your rights, options, and next steps. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand when you’re the custody of your child is at stake you need an advocate to protect your interests. 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.