At What Age in Indiana Can a Child Choose Who to Live With

1 in 4 states don't require guess to consider child'southward custody preference

November 17, 2022 — Many separating parents mistakenly retrieve their child can choose whom to live with.

In reality, Georgia is the merely U.S. state that lets a kid choose who takes physical custody of them. Even then, the child must be 14 or older, and their choice must exist approved by a estimate.

13 states don't take statutes requiring a judge to consider a child's preference when deciding custody. All other states (plus Washington, D.C.) practice; judges at that place must have the views of mature children into account.

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These findings come from an analysis of current state statutes by Custody X Modify, which offers parents a web app for managing custody via parenting plans, calendars, expense tracking and more. (Gyre to end for total state-by-state information.)

"If you go to court over custody, you demand to understand your state'south approach to many topics, including a child's correct to share their opinion," said Ben Coltrin, Custody X Modify co-founder and president. "There's debate over what'southward more than of import: letting a child have a say or shielding them from parental disputes. How your country and judge view the upshot will affect your case."

"In that location's debate over what'due south more important: letting a kid have a say or shielding them from parental disputes."
-Ben Coltrin, Custody X Change president

It's important to note that most custody decisions are made by parents in settlement agreements; these parents can consider their kid's opinion all the same they want. When parents tin't reach understanding, then a approximate decides what custody arrangement would serve the child'south best interests.

In one case the court issues a custody order, the child must comply. This ways your son or girl cannot refuse to see a parent who has been awarded custody or visitation fourth dimension.

How one-time must a child be to counterbalance in?

All states allow judges to consider the preference of a child in a custody case, as long equally the child is sufficiently mature. And, equally we saw higher up, a large portion of states crave judges to take a mature child'south stance into business relationship.

So when is a kid mature? About states don't set a specific historic period, instead letting judges decide case by instance.

When statutes do cite an age, xiv is most common. Three states (California, New United mexican states and Due west Virginia) presume children 14 and older are sufficiently mature, while two (Indiana and Utah) give actress weight to the opinions of kids in this range.

Some other four states (Mississippi, Oklahoma, Tennessee and Texas) presume children 12 and upward are mature enough to class a preference worth examining.

Georgia law sets the youngest historic period. It says children 11 and up tin can share their thoughts with the court. (And, remember, Georgia kids at least 14 years onetime can choose which parent to live with, although a judge tin can override the choice if necessary.)

All these states give judges leeway to hear from younger children who seem particularly mature.

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Overall, the older a child is, the more than bear upon their wishes accept on their custody case.

If your kid is at least 14, a judge in any land is probable to hear what they have to say. On the other hand, a child in the unmarried digits probably won't go to weigh in. Children between these two groups fall in a gray area, and whether they can provide input depends on their state, approximate and maturity level.

Nationwide, children 14 and above can normally weigh in on custody rulings. Children 9 and under unremarkably tin't. The rest fall in a gray area.

How a kid'southward opinion fits into the large picture

A judge never has to honour custody according to a child's wishes. Other factors — such as each parent'south criminal history and bond with the child — ever come into play.

In improver, a approximate tries to assess whether a child's preference for ane parent is due to persuasion or leniency by that parent, which would requite the preference less validity from the court's perspective.

For case, a fifteen-year-old may not get to alive with her mom as she wishes if evidence shows the mother lets her drive without a license. In contrast, a 12-year-old with concrete reasons for preferring a suitable parent could take considerable influence on a guess's ruling.

How kids share their opinions

Children typically practise not prove almost their preferences in court because the experience tin be emotional and frightening.

Instead, they normally share their thoughts in conversation with the judge, a custody evaluator or someone appointed by the court to represent their interests (like a guardian advertizement litem). In Georgia, a child who's at to the lowest degree 11 can turn in a written affirmation.

Interviews with the judge accept identify in the judge's function and are thus known as in-chambers or in-camera hearings. More often than not, a court reporter and the kid's legal representative attend. Sometimes the parents' attorneys are as well allowed in merely not the parents themselves.

Some judges enquire the child directly whom they'd similar to live with, while others only ask related questions similar, "What practise you do for fun with your mom?" In certain states, both parents must consent before the child may speak with a gauge. Other factors that vary include whether parents can suggest questions for the interview and whether they tin read the transcript.

State-by-state information

State	Judge must consider a mature child'due south stance?	Age guidelines in the law
Alabama	Yes
Alaska	Yes
Arizona	Aye
Arkansas	No
California	Yep	A child xiv or older gets to address the courtroom, unless the court determines it'south not in the child's best interest. A child nether 14 also gets to address the courtroom if it's in their best interest.
Colorado	Yes
Connecticut	No
Delaware	Yes
Florida	No
Georgia	Yes	A child 14 or older has the right to select which parent they alive with, unless a gauge finds the selected parent does not serve the kid'southward all-time interests. The approximate considers the desires of a kid at least 11 but not yet xiv.
Hawaii	Yes
Idaho	No
Illinois	Yep
Indiana	Aye	The courtroom considers the wishes of the child, with more than consideration given if the kid is at least 14.
Iowa	Yep
Kansas	Yes
Kentucky	Yeah
Louisiana	Yes
Maine	Yeah
Maryland	Yes
Massachusetts	Yep
Michigan	Yes
Minnesota	Yes
Mississippi	Yes	If the court considers both parents fit to have custody, the chancellor (judge) may consider the preference of a kid 12 or older.
Missouri	Yes
Montana	No
Nebraska	Yes
Nevada	Yeah
New Hampshire	No
New Jersey	Yes
New Mexico	Yes	If the child is 14 or older, the court considers their desires. If the child is under 14, the courtroom decides custody per the child's all-time interests, considering factors similar the kid's wishes.
New York	No
Due north Carolina	No
N Dakota	Yep
Ohio	No
Oklahoma	Yeah	The kid gets to express a preference if the courtroom finds this is in the child's best involvement. The court considers the preference if the kid is old enough to form an intelligent opinion. At that place'southward a presumption a child 12 or above is quondam plenty.
Oregon	Yes
Pennsylvania	Aye
Rhode Island	Yes
South Carolina	Yeah
South Dakota	No
Tennessee	Yeah	The court considers the reasonable preference of a kid 12 or older. The courtroom may hear the preference of a younger child. An older child's preference is normally given greater weight.
Texas	Yes	A child 12 or older gets to speak with the court in private. A child under 12 may become to.
Utah	No	The courtroom may consider the wishes of the child, considering the child's maturity. The desires of a child 14 or older go added weight.
Vermont	No
Virginia	Yes
Washington	Yes
Washington, D.C.	Yep
West Virginia	Yes	The courtroom accommodates the preferences of a kid 14 or older, if it's in the child'southward all-time interests. It likewise accommodates the preferences of a younger child mature plenty to express an opinion, every bit long equally this is in the child's best interests.
Wisconsin	Yes
Wyoming	No

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Source: https://www.custodyxchange.com/topics/research/custody-preferences-children.php

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