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: Sam Hasler's Indiana Divorce & Family Law Blog

At what age will a judge honor a child's wishes on where they want to live?

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Read At what age will a judge honor a child's wishes on where they want to live,custody? and you have my latest reason to fear free advice from the Internet.

Besides being a horribly unclear format, the answer given is completely wrong. Reading the Indiana Code would have given the answer - and for once the answer is clear. At no time must a judge honor a child's wishes on where they want to live.

IC 31-17-2-8 Custody order
The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

I added the emphasis to the statute above with the hopes of making things clearer to those who think a child's wishes control a custody determination.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on April 16, 2008 (boomark / email).