Legal Question in Family Law in Ohio

Interviewing minor children in a custudy case

I have been divorced for 5 years and have 2 daughters ages 17 & 13, with whom I share custudy with my ex whom very rarely takes them on his designated days. I have been the primary care provider. Basically doing everything for them by myself. I am a stay at home mom and am available to them 24hrs a day. My kids attend very good private schools of which my family and myself have paid $19,000.00 a year he has contributed $1,500.00 per year. February of last year he moved a girlfriend in with him, whom is going through a divorce. We started having alot of disipline problems with the kids. November 8, 2006 he filed for reallocation of parental rights. Stating drug and alcohol abuse. And questioning my mental health. He filed a motion to have me drug tested, which I can not wait to take because he has defamed my name to there schools. My 17 year old has been with him since and he has been brainwashing her against me, promising her all kinds of stuff. My 13 year old does not want to be there because she thinks what he is doing is wrong. He also filed a motion to interview the children I guess my question is are they going to let her make the desicion where she wants to live.


Asked on 11/29/06, 10:35 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Interviewing minor children in a custudy case

No minor child in Ohio is allowed to make a binding choice as to where he or she wants to live. A child's wishes is only one out of 13 or 14 staturoy factors that the court must address regarding the children's best interests before awarding custody.

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Answered on 12/05/06, 9:17 pm


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