Legal Question in Family Law in Ohio

Re: family law

A child does not get to decide which parent he or she wants to live with. Under a former Ohio law that has since been changed, a child could state a preference at age 12 but even then the Judge could rule otherwise if the Judge felt it was not in the child's best interest that the preference be followed.

Currently, the Judge can on his own or at the request of one or both parents, attempt to determine which parent the child would prefer. There is no set age for this. There are guidelines such as the child being able to reason etc.

Often in a disputed situation the court will appoint a guardian for the child or children to make sure that their interests are being protected.

The criteria is still what is in the best interest of the child. Of course, the older the child the more likely it will be that the court will listen to the child's wishes. It would be hard for a judge to force a 16 year to stay with mom if he wants to be with Dad. But the Court can do it if it is determined to be the wrong place for the child.

Keep in mind also that once a custody order is in place, the court will not order a change undless there is a substatial change in circumstances.

A majority of the cases today end up with shared parenting. You may be looking at making a change as to which parent is the residential parent rather than a full blown modification of the custody order!

Lots of questions and just as many different answers. If you are seriously considering a modification you should talk to your attorney as soon as you can. These things do not happen over night. Esp if they are contested. If you have questions and want to talk for a few minutes, feel free to call-no cost or obligation.

Good Luck

DHD