Legal Question in Family Law in Indiana
Child Custody
My 10 year old daughter wants to come live with me but her mother wont allow it. Her mother is not neglectful. My daughter just prefers to live with me. I have followed the visitation guidelines since she was born. Will the judge take my daughters wishes into consideration if I attempted to gain custody?
1 Answer from Attorneys
Re: Child Custody
The court will consider your daughters wishes. However, that is just one aspect to be looked at in a Petition to Modify. The court shall consider all relevant factors, including the following: (1) The age and sex of the child. (2) The wishes of the child's parents. (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age. (4) The interaction and interrelationship of the child with: (A) the child's parents; (B) the child's siblings; and (C) any other person who may significantly affect the child's best interest. (5) The child's adjustment to home, school, and community. (6) The mental and physical health of all individuals involved. (7) Evidence of a pattern of domestic or family violence by either parent. (8) Evidence that the child has been cared for by a de facto custodian and whether there is a change in circumstances since the last order was entered.