Divorce and custody decisions create stress for families, especially when children must adjust. Many parents wonder if their child has a say in where they will live. While children’s preferences matter, Indiana law considers several factors when determining custody arrangements.
How Indiana courts determine custody
Indiana courts focus on the child’s best interests when making custody decisions. Judges evaluate factors such as the child’s age, emotional ties with each parent, stability, and overall well-being. While courts consider a child’s preference, they also weigh other important elements to ensure a stable and supportive environment.
At what age does a child’s preference matter?
State law does not set a specific age at which a child can choose where to live. However, courts give more weight to the opinion of older, more mature children. Generally, a judge takes a child’s wishes into account if they are at least 14 years old, but younger children’s preferences may also be heard. The key consideration is whether the child can express a well-reasoned and independent choice.
Can a child’s preference override a court order?
A child’s preference alone does not determine custody. If a child wants to live with one parent, the court still examines whether that choice aligns with their best interests. Even if a child prefers one parent, the judge may rule otherwise if concerns about stability, education, or emotional health arise. Parents must follow custody orders unless the court officially modifies them.
What if a child refuses to follow the custody order?
If a child refuses to visit the noncustodial parent, both parents should encourage compliance with the court order. If conflicts arise, mediation or court intervention may help. Ignoring a custody order can lead to legal consequences for the parent who fails to comply.