Legal Question in Family Law in Indiana
custudy age
I am 15 goning on 16. I have lived with my mother in IL for 3 years now. I want to go live w/ my dad. Everyonoe knows this and we are getting ready to make the move. But my mother says that its her dicision if i go or not. My dad says i can make the dicision at age 14. He lives in IN and thats where they divorced. So is it true if u are 14 and want to switch to live w/ the other parent, can u do so against the others will?
2 Answers from Attorneys
Re: custudy age
Actually, the decision belongs to the judge after he hears what both parents have to say and then what you have to say (usually back in his office without eithr parent there). What the law says is that as a child gets older his or her feelings or desires are to be considered more than a younger child's desires. A judge is looking not only at what you want to do, but how well adjusted you are to your home, who your friends are, what you like to do in your spare time and how you are performing in school.
The more intelligent you appear the more likely he is to give more weight to what you want to do. Someone who starts screwing up just to get his or her own way will usually find out he or she stays put.
Everyone is going to want to make sure you have considered all the options.
Re: custudy age
Nope - mom's right - the court looks to the best interests of the child and unless they change the ruling, you're stuck - remember the grass always looks greener on the other side.