Legal Question in Family Law in Ohio

Child Custody & Age

I actually have two questions: first, in Ohio, what is the age when a child can choose to live with his non-cusodial parent? It was 12, but I was told that it has changed.

Secondly, During our child custody case,the judge assigned me to claim my son on my income taxes, and the judge assigned my ex our daughter for him to claim on his taxes. After six years of both of us knowing what has been decreed, my ex still claims both children knowingly on his income tax! What can I do to get him to obey this decree??? He doesn't feel that he needs to obey the law, because he feels that he is above the law!


Asked on 1/19/98, 11:16 pm

2 Answers from Attorneys

Robert Friend Robert H. Friend, Attorney at Law

Exemption for children on tax return

I can't answer your first question; I don't know about OH. But, as to your second question, I wonder why you CARE what he's doing on his tax return. Do what you're supposed to do on yours and forget about his; you won't go to jail for his problems!

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Answered on 1/22/98, 5:35 pm
Jonathan Schiff Self employed

Custody--Age of election in Ohio

I am glad Mr. Friend picked up the second issue in your question. When I took Tax in law school, the prof spent a lot of time discussing football because of the pro football player in the class.

As for question Number one. You are right, the age of election did change. Actually, it was essentially eliminated. Now, the wishes of the child(ren) are figured in with other factors the court uses to decide the "best interest". Prior to the law change, the stated preference of the child(ren) at the age of election would be dispositive unless the court determined that it was not in the best interest of the child. It may seem like a subtle point but I think now makes the whole issue hazier. But then, what would you expect? Everytime our citizen legislators get together to improve things, they always get more complicated. Bet you're sorry you asked the question?

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Answered on 1/25/98, 7:49 pm


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