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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).