Divorcing spouses often find themselves disagreeing on many matters. They may not agree about how to divide their property or even what assets are subject to division. If they share minor children, the chances are good that they disagree about how to handle custody matters as well.
It can be difficult to accept a reduction in time spent with the children and challenging to work cooperatively to make important parenting decisions. In some cases, parents may push for more allocated parenting time and authority rather than trying to share it as evenly as possible.
Some parents might assume that a positive relationship with their children all but guarantees that they can secure the exact custody terms they want. Others may worry that a strained relationship might put them at a disadvantage in family court. Teenage turmoil or the divorce itself might lead to a difficult relationship between one parent and their children.
Can children choose where to live as part of the custody proceedings during an Indiana divorce?
A child’s wishes are only one consideration
Technically, the courts do consider the preferences of children in many divorces and contested custody cases, including litigated custody modifications. However, the child does not have the right to declare where they want to live, nor can they refuse to spend time with one parent in violation of the custody order.
Children may be able to express their wishes to the judge. Their preferences carry more weight once they are 14 years or older. Still, a child’s preferences are only one of many factors that influence how a judge divides parental rights and responsibilities.
The stability that each parent can offer, family schedules and numerous other considerations also contribute to the final custody determination. Judges want custody arrangements that are in the best interests of the children. Teenagers and preteens often do not make choices based on their long-term best interests. Therefore, their wishes can influence custody determinations, but they do not have the authority to dictate what a judge decides.
Learning about the various factors that influence custody decisions in Indiana can be beneficial for those worried about custody matters in a divorce. Regardless of the state of their relationship with their children, parents can often expect partial parenting time and shared decision-making authority when their case is resolved.