Legal Question in Family Law in Indiana
Child custody modification child request
My son was in my custody until he was 12 years old. He was then placed in the custody of his father. My son lived with my mother for some time while I became financially secure. The judge felt if my son remained in my custody he would remain with my mother. My son is now 15 and wishes to return home. My mother has past away so that worry for the judge is out of the picture. My sons personality has changed and he has went from honor roll to a below average student in most courses. With him becoming a teenager I am worried about these negitive changes in his lifestyle. He is withdrawn and unhappy. At his age can he choose who he lives with? If not what are my chances of having custody returned to me. Thanks for any advice you can give.
2 Answers from Attorneys
Re: Child custody modification child request
While the court will consider the child's wishes as well as the progress you've made, the ulitmate decision will based on what is in the best interests of the child.
If you wish to dicuss this further, you may contact my office at 317 686-0000 or email at [email protected].
This would include but not limited to the current stability of the home he is in, type of relationship he has with his father and other family members in the household along with how it has impacted him. If your son has some difficulties, is it due to these dynamics or is just the normal teenage issues most encounter.
If the father has any type of issues which may reflect on fitness beyond the above, that too will be reviewed by the court. The court may even order a home study to determine such.
Another option may be to approach his father suggesting that custody be changed as it is your son's desire and if agreed, it may be able to be accomplished without a fight. Yet another option may be to suggest joint custody. This way the father is not giving up complete control giving you some real input in your son's life. This may even result with your residence being the primary home for your son.
The use of an attorney in such matters is going to give you an advantage, but like everything it is an investment. It is one which you must feel confident you can not only bear, but is worth it to you and your child.
Re: Child custody modification child request
At age 14 and up, the child's wishes are taken into account by the judge. However, the child cannot "decide" where he's going to live. The adults -- the parents and/or judge decide that.
From the information you provided, it appears that you have some valid concerns about your child, however.
Does father have some unfitness issues? That will factor into any court's decision.
The fact that you NOW have your act together is less important than whether dad is a fit parent.
If he IS a fit parent, your chances of getting a custody modification are slim and none.
I hope this information is useful.
Best of luck to you.
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