Legal Question in Family Law in Indiana

Why do judges allow teens to choose?

My ex and I began our divorce with joint custody of 2 children. My ex always let the kids do whatever they want with no discipline, which was our major disagreement. So, when the oldest hit 16, my ex filed for, and got full custody of the 16 year old, - simply because of the child's preferences (she stated she was ''more comfortable there and moving back and forth was confusing''.) We continued with joint Custody of the younger child. Since my ex has had sole custody of the oldest child, the child has been in trouble with drugs & alchohol, being expelled, arrested numerous times, etc...and my ex does nothing - she even let her drive w/suspended license. Now, my other daughter is becoming a discipline problem (turning 16)and wants to live there so my ex filed for full custody. Can I use the example of the error made in giving my ex full custody of the first child? I want to file for full custody,too, but I don't think I can win if my daughter has a preference for living with my ex. I think it's stupid of the judge to allow a teenager to choose - obviously they will choose a parent that doesn't discipline any bad behavior. Is THAT in the best interest of the child?!


Asked on 9/27/04, 3:06 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Why do judges allow teens to choose?

Without saying so, your situation is a typical example of why joint custody without the child living in one household and visiting the other does not work. You should file a petition to modify as to both children, either asking for sole cusotdy of both or physical custody of both. You can certainly use the evidence of lack of control and rules by mom with the older child as an example of what she will allow the younger child to do. Of course, your failure to act sooner to benefit the older child may well cause a judge to wonder why you waited so long to act, but should not prejudice the case. No child has the final say on custody unless the parents allow the child to do so. Judges generally look at the entire situation and are quite willing to admit a year later that a mistake might have been made and change custody when a child does not thrive after a change in custody. You probably also need a home study and/or an expert evaluation of your situation. Paying for a private evaluation (which might well cost upwards of $3500) is quite possibly the best and fastest way to come to a solution.

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Answered on 9/27/04, 9:39 pm


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