Question:
My grandson will be 11 years old in Feb 06. For the past 3 years, he has said that he would like to live with his father who pays support to mom. What are the steps we need to take for this to happen??? In the state of Indiana, I was told that a child can go before the courts and request that he would like to change residency. Is this true? My son also has a joint custody spelled out in the divorce deed, he has custody 4 days out of the week. Any advice as to we begin the process would truly be appreciated.
Answer:
I cannot answer your question specifically to the laws of Indiana as I am not licensed in that State. In my jurisdiction a child can testify concerning his/her wishes when they can understand the oath to tell the truth. Outside of abuse issues, it is frowned upon to bring a very young child into the court. Generally around the age of 12 years old, a court will listen to the child's wishes. However, the child's voice is often like a whisper. As the child matures his voice becomes louder. Many cases have started and failed based upon a child telling one parent that they want to live with them and then when it is time to go to court the child changes his mind or there was a misunderstanding. I have witnessed a child state that he wanted to live with dad, but really just wanted additional visitation time. I am slightly confused by the facts presented. If father already has four overnights each week, he has the majority of the custody time and outside a huge difference in income would receive, not pay child support. To begin the process you would file a Motion to Modify Child Support and Child Custody.
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