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CAN A CHILD DETERMINE WHICH PARENT THE CHILD WILL RESIDE?

CAN A CHILD DETERMINE WHICH PARENT THE CHILD WILL RESIDE?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

We are often asked at what age a child can determine which parent the child shall live in situations where the child’s parents no longer live together.

There is a misconception that once a child becomes the age of 14 (or some similar age) that the child can decide where he or she shall live. This is not correct.

Ohio law provides that the wishes of the child are to be considered by the Domestic Relations Court or the Juvenile Court when making a parenting order for the child, however, the child's wishes are not determinative.

There are approximately ten (10) different factors that a Court must consider in determining which parent the child shall reside. The wishes of the child are one of the factors the Court must consider, but the child’s wishes are not controlling.

Legally, the child can make decisions for himself or herself solely upon attaining the age of 18, when they become an adult.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Child Determines Residency