If your children are 14 or older, Indiana law significantly considers their preferences in determining who they will live with. Even younger children might have a say if they show a mature understanding of their circumstances. This article delves into how Indiana courts incorporate a child’s voice in custody hearings, balancing their desires with their best interests to ensure that family dynamics, emotional well-being, and other critical factors are thoroughly assessed. Read on to learn more about the impact of a child's preferences in Indiana divorce cases.
Key Takeaways
- Indiana law factors in a child's preference in custody decisions, giving more consideration at age 14 and above, though younger children may also influence decisions if mature.
- Custody determinations prioritize the child's best interest, considering family dynamics, emotional well-being, and the child’s preferences.
- If a child refuses visitation, custodial parents must enforce court orders, but they can seek modifications if circumstances change significantly, highlighting the challenges of enforcing custody and visitation in Indian
The Voice of the Child in Indiana Custody Decisions
In Indiana, during custody hearings, considerable attention is given to what a child desires regarding their living arrangements. When assessing the best interest of a child, courts take into consideration the wishes expressed by them. The input from the child is not insignificant. Rather it resonates within court proceedings and influences decisions while ensuring that other factors related to wellbeing are also evaluated.
How much importance is assigned to these preferences varies and depends on various elements among which age is key according to Indiana law. The legal significance accorded increases once children reach 14 years old, but fluctuates for those younger than this age marker. We will examine how much influence a child’s preference holds at different ages in subsequent parts of our discussion about custody considerations under Indiana jurisdiction.
Age Matters: The Significance of Being 14
In Indiana, once a child reaches their teenage years, they are better equipped to grasp the consequences of custody decisions. By law, at age 14, a minor child’s preferences start to have considerable influence in these matters. This is not to say that the teen has full autonomy over the final decision. Rather, his or her wishes become an important element for the judge to consider among numerous factors when determining custody arrangements.
It should be noted though that even with this provision for teenagers’ input, it is not theirs alone which prevails. The presiding judge takes into account various other aspects alongside the teenager’s expressed desires before arriving at a conclusion in favor of what will best serve the welfare of said minor child.
What then happens if there’s involvement by children younger than 14 within such custody proceedings?
Under 14 but Mature: When Younger Voices Are Heard
In Indiana, the court takes into account that while reaching 14 years of age is an important milestone in custody considerations, it doesn’t exclude younger children from expressing their wishes. Those under the threshold can influence their child custody outcomes by showing they grasp the intricacies of their case with sufficient maturity. Hence, even if a child has not entered their teenage years, they can impact the legal arrangements for their guardianship as long as they are able to demonstrate a convincing and mature acknowledgment of what would serve them best.
This aspect of Indiana’s legal system underscores its attention to personal differences when determining matters related to custody. It acknowledges that discernment may be present at any age and allows even young children who might possess keen insight into what serves their interests well to voice opinions on such serious matters concerning themselves. During deliberations over these cases, courts assess more than just maturity levels or chronological ages when making decisions in favor of children’s welfare.
Evaluating Best Interests: Factors Beyond Age
In child custody disputes, the paramount concern for the court is always what serves the best interest of the child involved. To ascertain this, an extensive assessment is made that goes beyond simple factors like age and desires of the child. The examination includes looking into:
- how well the child connects with both parents as well as any siblings,
- whether their educational needs are being met consistently,
- assurance of their security,
- and their overall physical and emotional health.
This method aims to put children’s welfare at center stage during each step in determining custody arrangements.
These broad assessments come with intricate challenges. Emotional elements play a significant role due to familial bonds while considering how much weight should be given to children expressing their wishes through testimony in court presents its own set of issues. These considerations will be explored below.
The Best Interest Standard:
When courts decide where a child will go in a divorce, the court applies the best interest standard. The best interests of the child will vary from case to case but when thinking of the best interest's standard, remember that the court will not apply it in a vacuum. The court will consider the child's age, what life was like before the divorce, the ability of a parent to care for the child, family ties (like aunts, uncles, and grandparents), and other emotional factors. The court will not simply listen to the parents' preferences and ignore the child's best interests. This application is also where the age and preferences of the child or children will come into play.
What Age Can A Child Express A Custody Preference?
In Indiana, if the child is 14 or older, the court will consider their preferences seriously. The thought process is that once a child reaches age 14, they are old enough to understand what is going on and how their decision could affect the child and the entire family. Additionally, the court believes that age 14 is the age where it is less likely that one or both parents can influence what the child says when the court asks what their preferences are. Unfortunately, with younger children, there can be a great deal of behind-the-scenes coaching by parents and extended family members to try and get their way in court, whether or not it is actually in the best interests of the child. The coaching can seriously undermine a sustainable and healthy result for the children post-divorce, creating alienation and a lack of meaningful parenting time for the other parent. A family law judge will preside over the divorce case, and they are very experienced when it comes to identifying if a child has been coached. If you believe your child has been coached, please bring it to your attorney's attention so that it can be appropriately addressed. For more information on how one can go about changing a child custody agreement read our article, Modifying a Child Custody Agreement in Indiana.
If the child is younger than 14, the court may still consider their preferences when deciding custody. If the child displays maturity and a clear understanding of the situation, the court will likely take the child's preferences into account when making an order regarding custody and placement.
At What Age Can A Child Decide Visitation?
A child will never be allowed to "decide visitation." The courts have, unfortunately, seen it all and understand that while a younger child may dislike visitation with the other parent for various reasons (stricter rules, they don't like the new house, etc.), it still needs to happen, and the custodial parent will be in trouble if they do not make the court-ordered visitation happen as it should. The court will not tolerate a parent interfering in court-ordered visitation without a very serious reason. The only time one parent might have a defense against preventing a court-ordered visitation is if they genuinely believe the child will be in danger with the other parent.
The court also recognizes the fact that, as the child or children get older, if they don't want to participate in visitation, it can be difficult for the custodial parent to make them go. An example would be if the child is 16 years old and has a car, it may be challenging for a parent to force them to go to the court-ordered visitation, although they should certainly do all that they can. If things are really that difficult, the custodial parent can always go back to court and ask for a visitation modification, but they should have concrete reasons for doing so. It can't be something like, "I don't want to go to mom's house this weekend because my friends aren't there," it needs to be more substantial than that.
Divorce is difficult for everyone, and the issue of child custody and visitation are the most difficult aspects of a divorce. The orders entered for custody and visitation will change everyone's life for the next several years, and your child's happiness and well-being will depend on getting things right the first time. If you are considering divorce in Indiana and have minor children who will be affected by it, you should consult an experienced Indiana family law attorney. If you are seeking assistance with a divorce involving minor children in Indiana, feel free to call O'Flaherty Law; we would be happy to help you.
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