Legal Question in Family Law in Ohio

emacipation

Have recently gone through a divorce (1 year) and do not have the resources to fight custody arangement in court. Ex will not mediate issues and divorce agreement did not stipuate mediation. Duaghter does not want to live with mother, would rather live with dad who up untill the divorce was primary caregiver to children. Father settled divorce share parenting, but gave up residential rights because did not want to spend childrens future (Money) in court. I was wrong. I though maybe we could rebuild but my daughter is miserable in the mean time. My question is can she declare herself emancipated ( she is 15 yr.) and decide with whom she wants to live with rather than fight an expensive legal battle. She was declared LD (the main source of divorce but with dad's interference at school is now student of the month and will be able to go to college.


Asked on 10/15/04, 12:56 pm

1 Answer from Attorneys
Rosemarie Welch Rosemarie A. Welch Co., L.P.A.

Re: emacipation

No, unfortunately, Ohio does not recognize a child's ability to choose where he/she wants to live if he/she is a minor. During a custody battle, the child's wishes are taken into account with a number of other statutory considerations.

The only way to change the court's order, without your ex's agreement, then, is to bring the case back into court. Some counties are willing to waive filing fees in some situations. You might contact your local county and see if that is possible.

If you have any further questions, it may help to speak with a lawyer directly.

Rosemarie Welch

(740) 657-1103

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Answered on 10/16/04, 7:43 am


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