Can My Child Decide Which Parent to Live With in Indiana?
Introduction: Does a Child Have a Say in Custody Decisions?
One of the most common questions parents ask during a custody case is: "Can my child choose which parent to live with?" While a child’s preference can play a role in custody decisions, Indiana law does not give children sole authority to decide where they live.
Instead, courts consider multiple factors—including the child's wishes—when determining custody arrangements that serve the child's best interests.
This guide will explain:
✔ What age a child’s preference is considered in Indiana custody cases
✔ How much weight a judge gives to a child’s choice
✔ Other factors that influence custody decisions
✔ The role of an in-camera interview and Guardian ad Litem (GAL)
✔ How parents can present a strong case in court
📞 Need help with a custody case? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
Does a Child Have the Right to Choose Which Parent to Live With in Indiana?
No. In Indiana, children cannot unilaterally decide where they live. However, their preference is one of several factors a judge will consider when making a custody determination.
At What Age Can a Child's Preference Be Considered?
Indiana courts start considering a child’s wishes at age 14 under Indiana Code § 31-17-2-8. However, younger children’s preferences may still be considered if the court believes they are mature enough to express a reasonable and independent opinion.
📌 TIP: A child's preference is never the sole deciding factor—the court always prioritizes the child's best interests over personal wishes.
How Much Weight Does a Judge Give to a Child’s Choice?
A child’s preference is important, but it is not the final decision.
🔹 If a child is 14 or older, their preference may carry more weight, but the court will also evaluate:
✔ Whether the child’s choice is independent or influenced by a parent
✔ Each parent’s ability to provide a stable, loving home
✔ The child’s adjustment to school, community, and home life
📌 Example:
A 15-year-old prefers to live with their father because he has fewer rules.
The court may not grant the request if the mother provides a more stable and structured environment.
➡ Related Read: Learn how courts determine custody in Indiana.
How Do Indiana Courts Determine a Child’s Best Interests?
Under Indiana Code § 31-17-2-8, courts evaluate several best interest factors, including:
✔ The child’s age and gender
✔ Each parent’s ability to provide a stable home
✔ The child’s relationship with each parent
✔ Any history of domestic violence, substance abuse, or neglect
✔ The child's preference, if they are mature enough to express one
📌 TIP: Judges focus on long-term stability, emotional well-being, and parental fitness when making custody decisions.
How Can a Child’s Preference Be Presented in Court?
If a child’s preference is relevant in a custody case, it is typically considered through:
1. An In-Camera Interview with the Judge
In sensitive custody cases, the child may be interviewed privately in the judge’s chambers.
✔ This prevents the child from testifying in open court.
✔ The interview is off-the-record, meaning parents will not hear the conversation.
✔ The judge may ask why the child prefers one parent over the other.
2. The Appointment of a Guardian ad Litem (GAL)
A Guardian ad Litem (GAL) is a court-appointed investigator who:
✔ Interviews both parents, the child, and relevant individuals
✔ Visits each parent’s home to assess living conditions
✔ Makes a recommendation to the court based on the child’s best interests
📌 TIP: If a GAL is involved, cooperate fully and maintain a child-focused approach.
➡ Related Read: Learn how a GAL can impact a custody case.
How Parents Can Present a Strong Custody Case
If custody is contested, a parent should:
✔ Demonstrate active involvement in the child’s life (school, activities, healthcare).
✔ Maintain a stable home environment with consistent routines.
✔ Encourage a positive relationship between the child and the other parent.
✔ Avoid badmouthing the other parent, as courts frown upon parental alienation.
🚨 Mistakes to Avoid:
❌ Pressuring the child to pick a side.
❌ Violating existing custody orders.
❌ Engaging in conflict in front of the child.
📞 Need legal guidance? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.
Conclusion: Can a Child Choose Which Parent to Live With?
No, a child cannot decide custody—but their preference may be considered.
The final decision rests with the court, which prioritizes the child’s best interests over personal wishes. If you are involved in a custody dispute, you should:
✔ Understand how a child’s preference is weighed.
✔ Know the role of in-camera interviews and GAL investigations.
✔ Work with an experienced family law attorney to build a strong case.
📞 Need help with a custody case? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
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