Is there an age that the child can choose witch parent to live with?
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Is there an age that the child can choose witch parent to live with?
Asked on December 12, 2012 under Family Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A child - some one under the age of 18 - is always bound by the court's determination or order of custody that is in place. However, in a proceeding to change or modify the custody and visitation order in place - which would be brought by the PARENT that wishes to change custody - Indiana law allows a Jude to speak privately with the child about who the child wishes to live with. And the opinion of a child over the age of 14 is given great weight depending. By that I mean the reasons that a child wishes to live with the other parent have to be "mature" and not "my Mom is too strict and won't let me watch TV." More like that a child wishes to foster a relationship with the other parent, etc. Good luck.
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