Legal Question in Family Law in Indiana
Change of Custody
I have been Divorced for 5 years,(I divorced her),My ex has physical custody of my 2 sons and we share legal custody.We live 1 mile from each other so I see them everyday. My sons are 12 and 14 years old now, They both want to live with me now. They are now going through all the hassles with her that I divorced her over( yelling and cussing at them, very short temper, no patience,drinking, etc) I was told that once a child turns 14 they could make there own decision on who they live with. Is that true? And if so what steps do I take to get this done. Thank You
1 Answer from Attorneys
Re: Change of Custody
Whenever a parent desires to modify custody (or even physical custody) regardless of the reason, he must go back to the divorce court and file a petition to modify. What the law actually says is that as children age, the Judge can give more credance to the desires of the child when there is a custody modification pending. It is not solely the decision of a child where to reside until after his 18th birthday. You need to contact a lawyer in your community to start the process. There may be a local rule of the court that requires, for example, mediation prior to the presentation of your case in court, or the court may prefer that there be a custody evaluation performed. If you were not represented during the divorce or do not wish to use the same attorney, there is no requirement that you do so. But you do need an attorney who is familiar with your county court system.
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