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Child Custody Preference Age in Indiana

Indiana gives more consideration to the child's wishes when the child is at least 14, but the wishes remain one factor in the best interests test.

Last checked . General information, not legal advice.

Indiana at a glance

Age named in statute
14 (more weight)
Wishes of younger children are also considered, with less weight.
How the preference is weighed
More consideration at 14 and older
One of the best interests factors for custody.
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in Indiana

At what age does a child's custody preference count in Indiana?

Age named in statute in Indiana: 14 (more weight). Wishes of younger children are also considered, with less weight.

How do courts in Indiana weigh a child's custody preference?

How the preference is weighed in Indiana: More consideration at 14 and older. One of the best interests factors for custody.

Can a child's preference decide custody in Indiana?

No, one factor among many. Preference can be decisive in Indiana: no, one factor among many.

Where do the Indiana child custody preference laws come from?

The rules above come from Ind. Code 31-17-2-8(3). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.