Legal Question in Family Law in Ohio

Custody

I am a divorced mom of three boys. The 15 yeard old moved with ex to west Va.He has physical custody of him. I have physical custody of the 11 and 6 year old in frankin county ohio. My ex continues to tell the 11 year old that when he is 12 he is able to decide for himself where he wants to live. I tell my ex that he has no right to tell a child that. Does my 11 year old have the right at 12 to decide where he wants to live? even if it means moving out of state?


Asked on 3/02/07, 8:28 pm

2 Answers from Attorneys
Ryan D. Kuhn Kuhn Limited

Re: Custody

Your 11 year old does not have the right to decide where he wants to live. It is the Court's duty to determine what parenting structure is in the child's best interest. However, in determining what is in the child's best interests, the court is required (at either party's request) to take the child's wishes and concerns into consideration. This inquiry will be done in chambers - neither party is allowed to present a written or recorded statement from the child regarding his or her wishes.

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Answered on 3/04/07, 12:20 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Custody

The court will consider the child's wishes but will not base its decision entirely on that. The court will determine what is in the child's best interest. You may want to read the terms of the shared parenting plan. Normally these documents state that there shall be no negative talk about the one parent during the visitation of the other parent. You ex-husband should be reminded of this.

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Answered on 3/03/07, 8:54 am


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