Legal Question in Family Law in Ohio
child rights
child doesn't want to live with one parent, but has no choice, wants to live with the other,, when does he have the right to say who he wants to live with,, in Norwalk Ohio, he wants to live with the other in Texas
1 Answer from Attorneys
Re: child rights
The court where the decree was entered is the court which decides custody. The judge's job is decide what is in the child's best interest, and absent a change in circumstances, will not review the order less than one year since the entry of the last order.
When a child is 12, the child's preference is considered by the court in making a decision regarding conservatorship. It is only one factor the court considers. In my experience, the older the child, and the more legitimate and rational the explanation for the change, the more weight the judge gives to the preference.
A modification, if based upon other valid factors, can be filed at any time before the child is 12.
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