Skip to main content

How old must a child be in order to speak for himself in court to decide visitation adjustments?

Princeton, IN |

My son will be 12 in July and since he was 1 year old he has gone to his fathers house every weekend, now that he's getting older and wants to do stuff, his dad won't let him because it would interrupt his visitation so he can't play the sports he wants to play or go to bday parties on the weekends, sleep over with friends... etc.... his dad lives 1.5 hours away so that's why it's a big deal. My son doesn't want to go to his dads every weekend anymore because he wants a social life and also because his father is trying to force religion on him..... can my son speak for himself in court because his dad has already said he doesn't want to change anything.

Attorney Answers 1


Indiana law generally allows a judge to consider a child at least 14 years of age to provide input as to personal desires regarding custody and visitation issues. A court can consider a younger child, but it depends highly on that specific child's level of maturity and understanding of the situation. Most testimony or interviews are conducted away from the parties and only between the judge and the child in what we call "en camera" (basically, ex parte, in the judge's chambers).

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment



Thanks Eric.... divorce sucks when it comes to issues like this. My son was bullied hard core in school last year so badly I had to put him in counseling. This year he is thriving but isn't able to be as social as he'd like due to his visitations. I just worry it's gonna get bad for him again. I appreciate your prompt response.

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics