When going through a divorce or custody case, some of the most emotional moments come from your child. For some, they may have thoughts about where to live. As a parent, you want to respect their wishes. On the other hand, you also want to protect them from making adult decisions.
Can children choose which parent to live with in Ohio?
Ohio courts consider a child’s preferences when deciding custody. However, it is just one factor when determining what’s in a child’s best interest. Let us look at what you need to know about how Ohio courts handle this issue.
Ohio Laws About Custody
In Ohio, custody is known as “parental rights and responsibilities.” This includes both legal and physical custody. There are two main types:
- Sole custody is where one parent is responsible for most decisions, and the child lives primarily with them.
- Shared parenting is where parents share decision-making responsibilities, and the child spends time living with each parent.
No matter the court’s approach, the “best interest of the child” is the gold standard. Every custody decision points back to that one question: What will serve this child in the best way possible?
Can a Child Choose Which Parent to Live With?
Under the law, the answer is no. Children do not get to make the final call. However, that does not mean their preferences don’t have any weight.
Ohio law requires judges to consider the child’s wishes and concerns, especially if they are mature enough to express them. This can be shared through:
- A guardian ad litem who acts as an advocate for the child, appointed by the court
- A private, one-on-one interview with the judge
With these methods, the child’s voice is heard without putting them in the difficult position of testifying in open court.
When Does the Court Start to Consider the Preferences of the Child?
There is no magic age. Ohio law does not set a specific time when a child can choose which parent to live with. However, courts give more weight to the preferences of children around 12 years old and up.
Remember that the court is looking for a well-reasoned, independent preference. This is not the child being allowed to choose a popularity contest between parents.
What Other Factors Does the Court Consider?
A child’s preference is just one piece of the puzzle. Judges look at the whole picture when making custody decisions, including:
- Each parent’s mental and physical health
- The child’s relationship with siblings and extended family
- Each parent’s willingness to co-parent and support the child’s relationship with the other parent
- Stability in each household, home, school, and routine
- Any parent’s history of abuse, neglect, or substance issues
The goal is to make sure that the child’s emotional, physical, and developmental needs are met.
Can Custody Be Changed Later?
Yes, but only under specific circumstances. Once a custody order is finalized, it can be modified if a significant change in circumstances affects the child’s well-being.
If your child later expresses a desire to live with the other parent, that preference may be considered, especially for older teens.
However, it must be backed by more than just a personal preference. The court will want to know why the change is requested and whether it aligns with the child’s best interests.
We Are Here to Provide Legal Help in Ohio Custody Cases
So, can children choose which parent to live with in Ohio? While your child’s voice is important, other factors will come into play for the judge’s decision. Remember that these decisions are always based on the child’s best interests, not preference.
If you would like to learn more about child custody in Ohio. Axelrod Law Office in Lake County, OH is here to help. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.