I have two daughters that live w/ their mother in Indiana and I have not been able to help in money matters for a while . I have helped with clothing and other things I just haven't handed their mother money in any way in a long time.I moved to another state to get a better job so that I could help and to have them move back in w/ me at a later date. Their mother and I are still married but have not lived together for about six years. The mother knew that I was leaving Indiana to move to Colorado but now she is wanting to claim abandonment. I have had lots of contact with my daughters and have kept them informed of my plans and I knew that their mother knew even though we have very little to do with each other. I was wondering if under Indiana law I have abandoned my children and what options I have. I was also wondering at what age are the children able to choose what parent they live with?

Nope, you haven't abandoned them. As for the age it is 18. A judge will hear their testimoney before then as to where they would like to live but it is up to the judge until they are 18. If the children are not cared for as in the mother is about to loose her house or the children are going to end up in a dangerous situation then abandonment can be brought up. However, if you have been providing clothing and doctor bills and what not and stayed in contact then there is no abandonment issue.

For divorce purpose, she may use that term as a reason, you moved out and have not supported her.

But to be honest and a little rude, if you can't send money back, then you don't have a better job, why don't you merely move back to where they are at??