Concerning Child's right to Choose where to live

[TickledPink]

What is the legal age in Indiana that a child can decide which parent they would like to live with? Also, if the non custodial parent moves out of state, does the custodial parent have to pay for half the transportation for the child to visit the NCP? Thank you.

 

[morning_angel]

The child cannot "decide which parent they want to live with." In a custody hearing, the judge may, at his/her discretion, interview the child and ask them who they want to live with and why. They will take that into consideration if the reasons are compelling (not that they don't want to live with Mom because she makes me come in by 10:00 on a school night...)

Depending on the state, of course, it may be ruled that the parent who caused there to be great cost of transportation is responsible to pay for the transportation. (the parent that moved has to pay for the transportation) Check your divorce and check the laws in your state.

Good Luck!

 

[TickledPink]

Thank you for your reply. Did that Holiday Inn have a real pool or one of those glorified wading pools? lol

There's nothing in our divorce decree concerning transportation. At the time of our divorce lived within a few blocks of each other and it wasn't an issue.

When my son is angry with me he wants to go live with his dad. I know the judge only takes into consideration a child's feelings. I just wondered if there was an age where they have more of an opinion than others. His stepmother is wanting to turn the tables on me and receive child support instead of paying it. She has figured out that if she actually receives it doesn't have to pay it, they can make money off this kid. I truly believe that is the only reason they would ever let him live with them.

 

[morning_angel]

If you lived close to one another, and he moved far away, he would likely be liable for transportation costs. See if you can work it out with him before you take it into court, though.

Let the father worry about trying to get the custody changed. If the only reason your son wants to go live with him is because he gets angry with you, it is highly unlikely that a judge will do a custody reversal for that. Generally a custodial parent must be shown unfit, or there has to be some great benefit to changing custody to the other parent in order for the judge to change custody.

As a step parent myself, I can understand the feeling of wanting to have the support coming in for a change instead of going out, but hopefully everyone can learn to work together for the best interest of the child.

Good Luck!

 

[TickledPink]

The only reason she wants to receive child support is because her ex doesn't pay it for her son. She has said before that she doesn't even want him down there every other weekend, but, has tried to poison him by telling him that he has a right to choose at the age of 12 and that they will all take me to court. It's not just a step parent wishing they could have it coming in for a change.
She knows that I only work part time and it eats her up. But, my husband is the one raising my son financially and that doesn't seem to bother his dad.

Thank you for your input.

 

[dorenephilpot]

The age in Indiana at which a judge will listen to what a child has to say about where he/she wants to live is age 14.

 

[TickledPink]

Thank you. I thought it was 14, but, I wanted confirmation.