[jasonmichael08]

I would like to know if a 12 yr old can speak with a judge and give his opionon on where he wants to live, he is unhappy with the current living condition handed down by a magistrate in the state of Indiana, did I say unhappy more like very unhappy please help

[GV70]

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.

[jasonmichael08]

Thanks helpful but the court did not give full custody to my wife only every other week, this was 5 yrs ago, and since the child has had to go to counseling for mental issues due to this, which his father had his attorney pull the child out of now,

[jasonmichael08]

The child is very unhappy and wants to live with us full time but we do not have the money to get a good attorney what should we do the courts were disgustingly bias against us

[GV70]

You may rely on IC 31-17-2-9
9. (a) The court may interview the child in chambers to ascertain the child's wishes.
(b) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.

[jasonmichael08]

We also did hire an attorney at one point but he informed us that the judge would not interview the child and talk to him, even though he has pertinent information about our case

[jasonmichael08]

And yes there has been mental and physical violence in the fathers home but we can't find a way to get it to the judge

[GV70]

Please use answer option instead the comment one.
Unfortunately a judge is not under legal obligation to consider child's wishes.It is up to him/her.

[jasonmichael08]

Oh so is there nothing we can do, the child is very unhappy, he tries to voice his concerns to the father, but is having no luck with it, his father just blows him off. We have tried legal aid but they are telling us that judges will not over turn a previous judges order. Is there no hope he is getting worst every year and we can't put him in therapy, his father will not allow it.

[Fr_Chuck]

You may get the court to order or allow the therapy, if you are low income, and in the US, most ( not all) states have a legal aid society that offers either advice from attorneys or actual help in filing motions and answering motions.

I guess I have not seen or heard why he is unhappy, mistreated, not feed, not allowed tohave friends or what

[jasonmichael08]

Well mainly he is unhappy because his step mother yells, curses, and even hits him but his father does nothing to stop it, she even on one occasion hit him in the face with a shoe while in the shopping mall. I have contacted legal aid they indicated that the case was to complex for them and they were not confindent they could help. We aren't low income we just don't have the retainer fee for a good attorney. We just don't know what to do. As far as having the courts mandate therapy, we tried with our last attorney, but the fathers attorney tricked our attorney into believing the hearing date we had was not a hearing and that it was just an update so he told the sons therapist that she would not be needed. Yes tricked the attorney we hired did nothing he was horrible, and that is an understatement.

[ScottGem]

First what is your relationship to this? Second, have you spoken to children's services or a school guidance counselor? If this abuse exists, the school has to involve the authorities. Seems to me that's the ONLY way you are going to get the court to listen,

[jasonmichael08]

I am the married to his mother, and we had contacted cps they interview him and he lied because his father told him that if he told on his step mother she would go to jail, as far as the school counsler his father has instructed the school that no cousling unless the father approves of if first so we are stuck I guess

[Fr_Chuck]

If there is physical abuse, have the child report it to the authorities, a teacher at school for example.

[ScottGem]

First you say the child is desperate to get out of the household. Then you say he lied when given an opportunity to tell his story. If he won't tell the truth you can't help him.

[jasonmichael08]

Yes I know it is very troubling, he told his therepist but would not tell the social worker from cps because his father instructed his to lie to them, he told the child that the stepmother would go to jail if he told the truth and that her children would go to foster homes, it is a huge mess, the therepist wants to tell the judge all she knows but his attorney is blocking it