Legal Question in Family Law in Indiana

Do Kids have a right to choose by law?

I am Divorced going on two years. I have two Children. 12 and 10 years old. Me and my ex never fought a battle thru court. We signed an agreement which was handled by one lawyer who acted as an mediator. The agreement states that we have joint custody of our children with her being the custodial parent. She has told the kids that she would never move them away from me, however, she is now wanting to move a distance away with a boyfriend and the kids do not want to go. They want to stay with me, the father vs move away with their mom.

Her lawyer told the kids the kids that they do not have any choice in the matter until they are 18! But I hear so many people tell me that in Indiana, kids DO have a choice once they are 13 years old as to who they live with.

Again...this decision that me and my ex first signed was not a judge ordered decision. It was an agreement me and her signed and a judge approved. So do my kids have a say so as to who they live with?


Asked on 1/28/04, 11:30 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Do Kids have a right to choose by law?

Indiana law does not give a child an absolute voice in where he lives; however, it recognizes that as a child's age increases, his desires are to be given more weight by a judge hearing a custody dispute between parents. Even though you have an agreement, you can petition the court to modify the agreement to change custody and allege in your petition that the children desire to remain in their present community and that would be in their best interest. It is time for you to consult an attorney and get a petition on file to being the custody re-evaluation.

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Answered on 1/29/04, 9:00 am


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