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Indiana parental rights allow a noncustodial parent the first opportunity to provide child care if the custodial parent is unable to provide care for the child for some reason, like work. However, if the noncustodial parent provides childcare he or she can't charge for the childcare.
Controlled expenses are items like clothing, education, school books and supplies, ordinary uninsured health care and personal care. For example, the custodial parent buys a winter coat for the child. The noncustodial parent will not buy another one. The custodial parent controls this type of expense.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
The fact of the matter is, under Indiana law, there is no age in which a child gets to choose which parent they will live with. If you think about it, this makes sense.
This provides the non-custodial parent with parenting time totaling 98 overnights per year, which includes extended time in the summer, one night a week and alternating weekends. Holidays rotate between the parties based on odd and even calendar years.
In Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent.
Basically, whoever has the child can keep the child. However, if the other parent gets the child for some reason (such as a visit) then that parent can keep the child. Each parent has equal custody rights until a court issues a custody order.
Although the state of Indiana doesn't explicitly allow children to decide which parent they want to live with, the child's wishes are taken into consideration once the child turns fourteen. However, just because the child wishes to live with one parent doesn't mean the judge will grant that wish.
When can my child decide which parent to live with? Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child's wishes by the court when making this determination.
In Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent.