Legal Question in Family Law in Ohio
My daughters father has full custody of her. My daughter is unhappy and does not want to live with her father. If I go to court will I be able to get full custody back of my daughter. Also she will be sixteen in a month doesn't she have a say in who she wants to live with?
2 Answers from Attorneys
In Ohio, once the court has decided through the divorce decree on who has custody, that will not change unless a party makes a Motion to Modify the divorce decree to reflect a new custody arrangement. In order for the Court to consider this Motion, you must show evidence of a change in circumstances that justify the court considering the alteration of the divorce decree.
If you can show a change in circumstances, and show that it is in your daughter's best interests to live with you instead, then you may prevail upon your motion.
Your daughter's wish to live with you is one of many factors that the court will consider in altering the custody arrangements. But the overall determinant of all of the factors is what is in the best interests of the child.
The court looks at a variety of factors in a case such as yours. Your daughter does not have complete say with regards to whom she wants to live with but she can give her input and the court will listen to what she has to say. However, they will also look at how long she has been living with the father and her overall best interests. Every case involving custody of a child is completely different.
If you have any other questions or concerns do not hesitate to contact me at [email protected].