Child needs attorney.

My Grandson has always wanted to live with his Mom but because of her job promotions and moving the Judge has left him with his Dad. Nov. 99 he became adamant about living with his Mom. She contacted Dad and then her Attorney who told them to wait untll Brandon was 14 then he would have a choice. In Feb.he pushed his Mom to get a court date which she did. They go to court and do the he says she says stuff and the Judge talked to the boy. Brandon came out excited because he thought the Judge understood him and he was told it would be a couple of days. The decision came back saying the pschologist was given 60 days to make a reccomendation. Brandon was upset but we convinced him to handle it well but his problem is he is sitting in limbo. He wants to play sports at his Moms and wanted to settle in before school started. Now he is in the first year of high school and participating in nothing giving his Dad trouble and has a couple minor incidents with police. He needs someone to make a decision and get his life moving in a constructive direction. Can he hire his own Attorney and is that advisable at this time? Indiana

ANYONE can hire an attorney, as long as they have the money. I'm sure of that. I'm not as sure about what the attorney could do, I think it would most likely be more beneficial to just have him consult the mother's attorney for now.

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You know, I love when cats think they're bigger than the sumo. That's when I hit 'em with a little Puerto Rican judo!

Judging from the information I found on this website [url="http://www.state.in.us/legislative/ic/code/title31/ar17/ch2.html"]http://www.state.in.us/legislative/ic/code/title31/ar17/ch2.html[/url]

in regards to the Family Law Codes for Indiana. It seems as if what can be done is being done. I also noticed that there is a code above this if you go to the page, it states that the only people that can apply for modification is the parents, or a person other then parent, meaning I dont think the child could actually file anything.(Meaning there werent any provisions listed in regards to a minor child filing suit on his/her own behoalf)

As added by P.L.1-1997, SEC.9.

IC 31-17-2-8
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.


[This message has been edited by TxBlu (edited October 11, 2000).]