QUESTION
At what age can a child decide if he wants to change his custodial parent and visitation?
Asked on Apr 07th, 2015 on Child Custody - Ohio
More details to this question:
At what age can a child make the determination that he wants to change his custodial parent and visitation? The child is 14 years old and has asked for the past 2 years to change his residence and visitation.
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Many years ago a child at age 12 could elect where he/she wanted to live. That law was changed. It allows a child to express a preference, but that is only one of several factors that the Court considers. To make a change one of the parents would need to file a motion with the Court.
Answered on Apr 09th, 2015 at 9:25 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This is an urban legend. The laws of Ohio do not permit a child to select the parent he or she will live with at any age.The parent seeking custody may go back to court and seek a modification in the parenting plan and explain to the court why such a change is in the best interest of the child. But lacking a significant change in circumstances, it is unlikely the motion will be approved. This information is not legal advice nor does it create a lawyer / client relationship. It is intended solely for entertainment.
Answered on Apr 08th, 2015 at 12:05 PM