Legal Question in Family Law in Ohio

Child's wishes

At what age does the court consider the child's wishes to live with a parent? My husband shares joint custody of his 10 year old son with his ex-wife. She is demanding a change in schedule, against the advise of a counselor. This child would like to live my husband, son and I on a fulltime basis (They now share equal time.) My question... If she pursues this, will 1.) she have the burden of proof that the change will benefit the child and 2) Will the judge consider the child's wishes? The Lake County court seems very biased against fathers.


Asked on 9/26/01, 11:40 am

2 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Child's wishes

As this is a post judgment custody proceeding, the court MAY consider the child's wishes, but is not required to under the statutes. An in camera interview of the child by the Court is not mandatory if asked for. It is the mother's burden to prove that the change in circumstances would be in the best interests of the child.

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Answered on 11/06/01, 10:54 pm
Gregg Manes Gregg A. Manes, Esq.

Re: Child's wishes

There is no specific age where the child's decision is the final word. At age 12 the Court usually takes the child's word as most instrumental. The Court will look to the best interest of the child You would file a motion to change custody to be with the father. This may be a sufficient change of circumstances to merit the mother's filing a motion to change visitation. It is a gamble, but it may be worth taking.

Good Luck!!!!!!!!!!!!!

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Answered on 11/16/01, 9:34 pm


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