When parents are going through a custody or visitation case, one of the most common things that
is brought up is whether or not the children’s wishes are taken into consideration and how they
can be taken into consideration.
When determining how custody should be awarded, Indiana courts utilize the “best interests of
the child” standard. With that standard, courts have no presumption in favor of either parent,
meaning both parents enter the courtroom on even playing field. When making its custody
decision and order, the court considers all relevant factors, including: (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 a child fourteen years or older, (4) the interaction and interrelationship of
the child with his/her parent or parents, siblings, and other individuals who may significantly
affect the child’s best interests, (5) the child’s adjustment to the child’s home, school, and
community, (6) the mental and physical health of all individuals involved, (7) evidence of a
pattern of domestic or family violence by either parent, (8) if the child has been cared for by a de
facto custodian, and (9) a designation in a power of attorney by the child’s parent or de facto
custodian.
While one of the factors explicitly outlined in the Indiana Code relating to how child custody
should be determined is the wishes of the child, Indiana courts will look at multiple factors in
conjunction when making a determination. Ultimately, a child’s wishes should be considered,
but will not necessarily be determinative. Furthermore, a child who is sixteen years of age will
have more influence in his/her parenting arrangement than an eight-year-old would have.
Getting a child’s wishes in front of the court can also be challenging. Most Indiana courts do not
allow children to be present in the courtroom when parents are going through custody and
visitation hearings. However, Indiana courts do have other options to find out what children’s
wishes may be on the topic. Courts can permit children to attend “in-camera interviews” in
which they can express their wishes to the judge in the judge’s chambers outside of the parents’
presence. Courts can also appoint a guardian ad litem, who can investigate and make
recommendations to the judge as to who he/she believes should be awarded custody. It is
common for a guardian ad litem to talk with the child and get his/her thoughts on custody and
visitation.
If you or someone you know needs assistance relating to your custody or visitation case,
consulting with a family law attorney regarding your options can be helpful. The family law
attorneys at Banks & Brower, LLC can help with your case. Give us a call at (317)-526-4630 to
help you navigate your case.
