Legal Question in Family Law in Indiana
Temporary Guardianship of a 17 yr. old to a non-family member
My parents have joint custody, but my mom has residential custody; my mom lives in Missouri and my dad lives in Indiana. I am currently staying with my dad but the residential custody has not been changed.My mom and I think that it would be in my best interest if i live with my friend and her family. Do we still have to get my dad's approval? If so is there any other way to do it without his permission?
1 Answer from Attorneys
Re: Temporary Guardianship of a 17 yr. old to a non-family member
Technically there should be a modification of the dissolution orders when a child moves between parents. However, with joint custody, the courts have not necessarily seen modification orders as required when the parents are in agreement in changing physical custody. If the child does not want to stay with either parent, it is necessary for a guardianship to be established by the person the child wants to stay with. A guardianship requires the consent of both parents. A child over 14 has more input into the custodial decision than a child under 14, but does not have the ultimate say so as to where he resides. Only the judge does when his parents are not in agreement.
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