Indiana Law Blog
Divorce and separation are challenging, especially for children. A common question during custody disputes is whether a child can choose which parent to live with. In Indiana, the answer depends on the child’s age, maturity, and state law. Here’s a concise overview of how Indiana courts handle this, always prioritizing the child’s best interests.
The Court’s Focus: Best Interests of the Child
Indiana courts (under Ind. Code § 31-17-2-8) decide custody based on what serves the child’s well-being, considering factors like:
- Each parent’s ability to provide care, including physical and mental health.
- The child’s emotional bonds with parents, siblings, and others.
- The child’s adjustment to home, school, and community.
- Any history of abuse, neglect, substance use, or domestic violence.
- The parents’ willingness to support the child’s relationship with the other parent.
The child’s preference is one factor but not decisive—it must align with overall stability and safety.
Age and Influence in Indiana
Children cannot legally choose their living arrangements until age 18 (Indiana’s age of majority). However, their preferences influence decisions based on age and maturity:
- Ages 0–11: Young children’s wishes are considered minimally, as they’re typically not mature enough. Courts focus on attachment and basic needs.
- Ages 12–13: Preferences may carry some weight if the child shows maturity, often assessed via private interviews.
- Ages 14–17: Indiana law gives significant consideration to the child’s wishes (Ind. Code § 31-17-2-8(3)). Courts often interview the child in chambers (Ind. Code § 31-17-2-9) to gauge reasoning, but the preference isn’t binding if it conflicts with best interests.
Judges evaluate if the choice is reasoned (e.g., better school stability) or influenced by pressure, fewer rules, or alienation.
Evaluating a Child’s Preference
To ensure fairness, Indiana courts assess:
- The child’s maturity and ability to articulate logical reasons.
- Evidence of coaching, manipulation, or undue influence by a parent.
- The full context, including sibling relationships and home environments.
A guardian ad litem or custody evaluator may investigate further to protect the child from bias.
Risks of Involving Children
Directly involving kids in disputes can cause guilt, anxiety, or loyalty conflicts. Indiana courts and experts recommend shielding children from adult battles to minimize emotional harm.
Can Preferences Change?
Yes—custody modifications are possible if circumstances shift, like a maturing child’s evolving preference. However, the court re-evaluates all factors to confirm it’s in the child’s best interests (Ind. Code § 31-17-2-21).
Key Takeaways
- Children can voice preferences, but courts decide based on best interests.
- More weight at age 14+, though not controlling.
- Maturity and reasoning matter; coercion invalidates influence.
- Teens 14–17 have strong input but no final say.
- Prioritize kids’ emotional health—avoid legal entanglements.
Guiding families through change with compassion and strength. Schedule your consultation today with Harshman Ponist Smith & Rayl, LLC!