Legal Question in Family Law in Ohio

Child desires change of primary residence

My daughter is 13 years old she has expressed a desire to live with me ( spend the majority of time at my house) I have not encouraged her but I have not discouraged her either. This choice is fine with me, however her mother is adamatly against it. At what age can she decide for herself where she wants to have her primary residence. I have told her it ok with me but not to the exclusion of her mother


Asked on 12/06/06, 7:01 pm

2 Answers from Attorneys
Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: Child desires change of primary residence

If your child lived in Oklahoma, OK law provides that a child 12 or older can express a preference as to custody and visitation. If the child lives in Ohio, I am not sure what OH law provides.

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Answered on 12/07/06, 11:06 am
Frank Rozanc Frank J. Rozanc, Esq.

Re: Child desires change of primary residence

If the child remains under the jurisdiction of an Ohio court, at no age is a child's wishes dispositive as to living location. The child's wishes are only one factor as to what is in a child's best interests.

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Answered on 12/08/06, 12:35 am


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