Legal Question in Family Law in Indiana
Age required to change custody
My ex has full custody of our daughter. She just turned 16. She does not want to live with him and in fact just called me and had me come and pick her up. She ran away the day before her birthday. It should be noted that he struck our daughter leaving welts and bruises and CPS is now involved. Is she old enough to make that decision in court? Would a Judge allow it given her age? Is she considered a runaway and if so what can happen to me and her?
2 Answers from Attorneys
Re: Age required to change custody
There are many factors involved in a change of custody. At her age, the court will give substantial weight to her choice.
There are to many variables to answer your remining questions. I suggest that you contact a local attorney asap.
Re: Age required to change custody
Legally, your daughter will not be old enough to make a decision about where to live until she either reaches 18 or is emancipated--in effect, judged to be grown and on her own.
But she is certainly old enough for a judge to give her testimony great weight and take her preference into consideration in a hearing on modification of custody, especially if there is evidence that she is a victim of domestic violence.
Without more factual information, I hesitate to say whether she is a "runaway".
You should obtain legal assistance to (1) seek to modify custody, if in your daughter's best interest; and (2) assist you in working with CPS.
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