Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
So you are wondering at what age a child can choose to live with either parent?
I understand. Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child’s wishes by the court when making this determination. Indiana law does not specify an age at which the child can simply choose which parent they want to live with, as the family law courts are of the opinion, for whatever reason, that a child under the age of 18 is unable to determine with maturity what parent they want to live with and they do not know what is in their "best interests". However, once the child turns 14 years old, an action by a parent to modify a custody arrangement is much more likely to be successful if that child will tell the judge that they wish to live with the petitioning party seeking the modification. In your case for the father.
The only jurisdiction to my knowledge that allows for such a decision by a minor is GA. Georgia courts have statutory authority to allow a 14 year old to determine where they live, and the court must follow that child's wishes.
Does that answer your question?