Legal Question in Family Law in Ohio
Custody
My 16 year nephew lives with his mother, the custodial parent. He recently had a very bad car accident as the result of alcohol. My brother-in-law wants to get custody as he feels he can better parent this boy. The boy is very unwilling to live with his father and step-mother. Is there any chance of my broth-in-law obtaining custody? Thanks for your help.
2 Answers from Attorneys
Re: Custody
Keep these factors in mind in making your decision:
1. Courts will tend to lean somewhat toward a parent they think will curb misbehavior
2. They will also lean toward preserving the status quo.
3. Although there is no longer an "age of consent" in Ohio, the opinion of the 16 year old could be very persuasive
4. Regardless of what the Court decides, a 16 year old is likely to veto an unwanted decision by voting with his or her feet.
5. Consider all those great family dynamics stirred up by a custody battle.
Re: Custody
Your brother-in-law, the non-residential parent, can go to court to ask for a change in the custody arrangement. Many factors will be considered by the court. I suggest your brother-in-law retain an attorney if he wishes to proceed.