Children's wishes are only one factor in a list of factors to determine the best interests of the child for custody (actually called physical care in Iowa, but popularly called custody). The wishes may be a minor factor in the judge's decision, or could play a major factor, but the wishes are just one factor. Judges will not normally change custody just based upon the wishes of a child because often the child really doesn't have a clear understanding of what is in their best interests, and children will often change their minds frequently (often upon a whim).
In this case, there may be several issues that need to be discussed prior to initiating a lawsuit, so an attorney should be consulted. First of all, jurisdiction for the case needs to be determined as to whether Iowa, Indiana, or even another state has jurisdiction for the modification. Federal law dictates which state would have jurisdiction, and the rules can be complex, so an attorney should be consulted.
If Iowa has jurisdiction, a modification case can be filed, if the requirements for a modification have been met. For a modification, there must have been a substantial change that was not foreseen at the time of the original decree and the change must be permanent and continuous, not temporary. Courts will not review the original decree just because a parent wants a change. There is a list of changes listed in the Iowa code that could lead to a modification. For example, if one parent moved over 150 miles, then the substantial changes requirement could be met. But there needs to be a substantial change, and the wishes of a child are not necessarily a substantial change. For a more complete discussion on modifications, you can review my website at http://www.robertpetersonlaw.com/Family%20Law%20Issues/Modification%20of%20Decree.aspx
Answered on Sep 28th, 2011 at 8:46 AM