We are often asked by clients at what age can a child determine which parent shall be the custodial parent in a child custody dispute.
There is a misconception that once a child becomes a certain age (for example, 14 years old or some similar age), the child can unilaterally decide the parent with whom he or she shall primarily reside. This is not the case.
Ohio law provides that the wishes of the child are to be considered by the court when deciding which parent shall have custody of the child, however, the child's wishes are not determinative. There are approximately ten (10) different factors that a court must consider by Ohio law in determining which parent shall be the custodial parent, including the wishes of the child.
Essentially, a child cannot make decisions solely for himself or herself until they attain the age of 18 years old when the child becomes an adult by law.
For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.