Legal Question in Family Law in Indiana
My son currently lives with his father and wants to come to live with me (Mom). He is 13 years old. He wants to talk to the judge but he does not want his father or I present for this. I am fine with that but I don't know if his father will be. Is it permissible?
Asked on 1/05/10, 4:04 am
2 Answers from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
Some judges will do this, some won't. Your son's preference will not control what happens. Sit down with a lawyer in your community to discuss all the reasons you have for believing that the prior order needs to be changed.
Good luck.
Answered on 1/11/10, 7:36 am
Your son's preference is one of many factors that a court considers in modifying custody. The court has the discretion to listen to your son in chambers and out of the presence of either parent.
Answered on 1/11/10, 4:04 pm
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