Legal Question in Family Law in Ohio

Legal age of child (13 years of age) in Ohio

I have been divorced for several years from my former wife and we have both remarried someone else since the divorce. My child Kelly lives with her mother in Ohio although the divorce was filed in Texas (I still live here). My daughter is now 14 and would like to find out how she can be declared an adult. It is our understanding that she could be declared an adult after the 13 years of age within Ohio law. What case, statues etc must we review to understand what this means and how to file?

Since I pay child support what happens to the payments, i.e. does her mother still get them until she is 18 per the divorce? If she moves to Texas how would she be affected after being declared an adult in Ohio and would she be considered an adult by Texas law? Would we need to file in both states? What other standard divorce agreements, such as visitation, would be effected? How long does it normally take to file (I am sure there is a legal term for this type of action). This is her idea and I support her but want to understand the ramifications if she files. What would her mother have to agree to or sign in order to file? What actions could we expect if her mother refuses or disapproves of this filing?


Asked on 6/21/99, 5:43 pm

1 Answer from Attorneys
Jonathan Schiff Self employed

Re: Legal age of child (13 years of age) in Ohio

I am not sure where you got the information about a child being able to be declared an adult at age 13. I think the term you were trying to get at is "emancipation." Unless the law has been changed recently I think you are out of luck. There used to be a concept called "age of election" which would allow children of I believe age 14 to choose which guardian they wished to live with. But that was repealed. Currently I do not know of any formal process to emancipate someone under 18 although it frequently happens informally, such as a 17 year old going into the military or getting a job and moving out of the home. That doesn't mean that you can't file a motion for change of custody and I imagine that the court (although I am not familiar with Texas) would consider that at 14, the wishes of the child are going to be weighed heavily in any decision. If the child does come to live with you I also imagine that Texas like Ohio would allow you to have your support order terminated (only as to current support, arrearages remain owing)and your ex-wife would become responsible for paying ongoing support.

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Answered on 7/02/99, 7:16 pm


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