When navigating family law cases in Indiana, ensuring your child's voice is heard appropriately and effectively can be crucial for their wellbeing. In Indiana, children do not get to attend family law proceedings, and they do not get the opportunity to testify. An experienced attorney knows the proper avenues to include the child’s voice in family law proceedings. This blog will discuss the primary methods available under Indiana law to incorporate your child's perspective in legal proceedings.
Guardian Ad Litem (GAL) appointments is one way to include the child’s voice. A Guardian Ad Litem serves as an independent advocate for your child's best interests. GALs conduct thorough investigations, including: interviewing your child in a comfortable setting; speaking with parents, teachers, and other important figures in your child's life; reviewing school records, medical records, and other relevant documents; and observing parent-child interactions. The GAL presents its findings and recommendations to the court. While not free, many counties have GAL programs with sliding scale fees based on income.
Indiana allows judges to speak directly with children in what's called an “in-camera interview.” In-camera interview is private conversations that happen in the judge’s chambers, not the courtroom, and parents and attorneys typically are not present. The child's age and maturity level determine whether this option is appropriate, and a court reporter usually records the conversation. The judge has discretion whether to grant requests for in-camera interviews. It is important to note that in-camera interviews are not common.
Professional custody evaluators can help convey your child's preferences and needs. Licensed mental health professionals conduct these evaluations; they use age-appropriate techniques to understand your child’s perspective. Evaluators assess parent-child relationships, your child’s emotional and developmental needs, family dynamics, and your child’s wishes regarding custody and parenting time. Custody evaluator’s reports provide detailed recommendations to the court.
To effectively support your child’s voice being heard do not coach or pressure your child. Let your child express their genuine feelings and avoid discussing court proceedings or disparaging the other parent. Remember that manipulation often backfires. Choose appropriate methods or communication by considering your child’s age, maturity, and comfort level. Consult with your attorney about the best approach and be prepared for costs associated with GALS or evaluators.
Work closely with your attorney to determine the most appropriate method for your situation, always keeping in mind that protecting your child's emotional well-being should be the priority throughout the legal process. The attorneys at Ciyou & Associates, P.C. have a strong background in Family Law in Indiana. We are here to help raise your child’s voice. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
