Legal Question in Family Law in Ohio

Re: child input in Ohio

Ohio Revised code 3109.051 is a rather detailed statute dealing with visitation. Upon a child reaching 12 years old the Court will generally use the child's wishes as one of many factors in determining where the child shall be placed. Therefore a search of the above statute will be helpful in determining your rights.

Re: child input in Ohio

I am not sure about the latest ruling. However, I can tell you that the standard is the same as it is for the general question of determining who gets custody of a minor.

The first time the matter is brought to court (as in a divorce), the court will consider a general "best interest of the child" standard. It includes the determination of the minor's preference, if the child is old enough to express an opinion. But it is only one factor.

In subsequently requests to change the custody order the court will consider in addition to determining the best interest, whether their are "changed circumstances." Again, the child's stated preference can be a factor in determining whether there has been a change of circumstances.