When your child says that they would prefer to stay with you or the other parent, you might wonder how this factors in the custody order. Knowing how the court takes a child’s wishes into account can allow you to understand the judge’s decision.
Indiana’s custody standard
State judges decide custody based on the child’s best interests, and the law includes the child’s wishes as one factor the court must consider. Once a child turns 14, the court gives that preference more consideration, but that it does not control the outcome.
The courts utilize private methods for hearing a child’s perspective. Instead of mandating open-court testimony, the judge may interview the child in chambers, with the option for legal counsel to attend.
In some cases, the judge may appoint a guardian ad litem or a court-appointed special advocate to investigate the family’s circumstances. That person may speak with the involved parties, so the child’s views can reach the bench through a formal report rather than direct testimony.
Factors beyond preference
Aside from what your child wants, judges also consider:
- Your child’s relationships with parents, siblings and other important people
- Your child’s adjustment to home, school and community
- Everyone’s mental and physical health
- Any pattern of domestic or family violence
Report cards, medical records and testimony from teachers or relatives often provide the proof behind these factors. To encourage the court to look beyond a child’s stated wishes, you can provide clear examples showing why another arrangement may better serve them.
Misconceptions parents commonly hold
Parents often bring these mistaken beliefs into custody proceedings:
- A child who turns 14 does not gain the right to choose a household. The final decision always remains with the judge.
- A stated preference does not end the case, as the court must still review all other statutory factors.
- A teenager cannot simply decline parenting time. The existing order remains in effect until the court formally modifies it.
Relying on these misconceptions can unintentionally create complications with the court. Consulting with an attorney can help clear up any confusion that you may have regarding this matter.
Circumstances that strengthen a child’s choice
A preference gains the most influence when the child supports it with reasons the court can verify. A request anchored to a school schedule, a steady job or continued sessions with a trusted counselor aligns with the evidence already in the record.
Consistency adds to that. A view the child has maintained across several school years demonstrates genuine conviction, whereas a sudden change of heart following an isolated conflict often prompts the court to examine the underlying dynamics of that household.