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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Indiana, the court considers a child's preference regarding their primary residence in custody cases, but this is just one of several factors the court evaluates. Indiana law does not specify a particular age at which a child's preference must be considered, but generally, the court is more likely to take into account the wishes of older, more mature children. The child's preference is not determinative; the court's primary concern is the best interests of the child. This includes evaluating factors such as the age and sex of the child, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. The relevant statutes can be found in the Indiana Code, particularly in the sections dealing with family law and child custody.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Indiana State Code

Indiana State Code

Child custody

child's choice on where to live

Articles