Legal Question in Family Law in Indiana

Temporary custody of a minor age 17

I need to know what rights a seventeen year old has when she lives with her father, who is not yet the custodial parent, but the mother and the minor both feel it is in the minors best interest to live with a friend and a parent rather that the minors father. Does the minor have more rights if the father is a convicted felon and the mother is going to agree with the arrangements even though the mother lives in a different state than the minor.


Asked on 2/16/04, 9:17 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Temporary custody of a minor age 17

Your question was difficult to understand, however, I am going on the assumption the parents are divorced, divorcing or were never married and there is a decree that awards custody of the child to the mother (or if they were never married, there is no decree). The custody laws say a person under the age of 21 is treated as a minor child subject to the Court's determination of custody. However, the Courts realize that they cannot control where a "child" 18 or older resides. The custody law further indicated that the Courts should give more weight in making a decision to a child who is over 14. Nonetheless, a 17 year old does not have the absolute right to determine where he or she resides. The parents' particular situations are also taken into account by the courts. If the parents enter into an agreement submitted to the Court, and the Court approves it, the child is bound by that decision.

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Answered on 2/16/04, 11:27 am


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