I live in Anderson, Indiana. My question is that my 12 year old daughter wants to come and live with me but we aren't sure what the age is in our state for her to make that decision. Also, she is afraid of her dad. Afraid how he might treat her/ act if she was to move in with me. Our main concern is what the age is here in Indiana for a child to decide which parent they want to live with.

That's often up to the judge. At age 12 her feelings would be given a significant amount of weight, especially if it can be demonstrated that her father is abusive towards her or has the potential to be.

I believe the court mandates where a child lives until the age of 18... like between parents and what not.. that should all be settled in divorce or court settlements.

As far as her just wanting to up and leave, I am pretty sure the age is 18 when he won't be able to force her to stay. You being the other parent though, I think if you took this to court the daughter would have a lot of leverage as to where she wants to live.

Since there is a court orderd custody of the child, the court will listen to the child, even as young as 7 and 8 but in the end, it is the court that will decide where the child is to live.

So if you want to file in court for custody, you may, and the child can testify. ( often the judge will do this in chambers if asked)

But the child just can't decide, on their own.

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Originally Posted by ldybg1949

I live in Anderson, Indiana. My question is that my 12 year old daughter wants to come and live with me but we aren't sure what the age is in our state for her to make that decision. Also, she is afraid of her dad. Afraid how he might treat her/ act if she was to move in with me. Our main concern is what the age is here in Indiana for a child to decide which parent they want to live with.

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WELL I WOULD TALK TO A LAWYER FOR SOME ADVICE[PERFERABLY ONE WHO SPECIALIZES IN FAMILY LAW. Ilive in New York and the law for a child to make their own decisions on who to live with [with their own lawyer or public defender] is 10 years old. I only know this because I have a step son who is 13 and we asked the same question and that is the answer we got.
Good Luck.

Yes but it has to go to and through the court and they can only move after court rules it is OK.

The child can't just say I am moving to dads and pack up and go.

The age to make their choice is only that age the judge will allow to testify as to what they want, but that is not the only factor they look at.
They will look at the entire situation, not merely the child's wishes

Going through the court is the only way to ensure that this is legal. Does not matter if it is he said, she said, who said, what said... you need to get an attorney and go through family court.

This is Indiana Law concerning your question:
IC 31-17-2-8
Custody order
Sec. 8. The court shall determine custody and enter a custody
Order in accordance with the best interests of the child. In
Determining the best interests of the child, there is no presumption
Favoring either parent. The court shall consider all relevant factors,
Including the following:
(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
The child's wishes if the child is at least fourteen (14) years of
Age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's
Best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) 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) Evidence that the child has been cared for by a de facto
Custodian, and if the evidence is sufficient, the court shall
Consider the factors described in section 8.5(b) of this chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7;
P.L.133-2002, SEC.32.