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 8 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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