The decisions you make as a parent can have a significant impact on your relationship with your child. Maybe you have dedicated many hours taking your child to competitions. You may have spent more time away from home so that you could build your career and create a better life for your family. Your child may trust one parent more when they have questions about life.
As a result of these different relationships, children may have a preference in which parent has custody after a divorce. This can leave you with questions. If your child wants to live with one parent, will this be an important factor in child custody? Can you protect your parental rights and your relationship with your child if they prefer to live with their other parent?
At what age does children’s preference factor into child custody?
Some states specify an age at which a judge can consider a child’s preference in custody decisions. However, Ohio law does not specify an age at which children can offer an opinion on their parents’ custody arrangement.
In Ohio, the court must determine whether the child has enough reasoning ability to express their wishes or any concerns that they have about a custody arrangement. This generally means that the opinion of an older or more mature child is more likely to have weight in a custody hearing. The opinion of a much younger child may have less weight in the decision.
A child’s wishes are only one part of a custody decision.
It is important to remember that a child’s preference is only one factor that judges consider when determining child custody. The court will also consider your wishes, your child’s medical needs, your income, your housing situation and many other details about your life to determine what arrangement will best support the child’s needs.
In Ohio, while the court may take a child’s preference into account in child custody decisions, it does not outweigh the court’s mandate to ensure the child’s overall best interests. Understanding this can help parents approach custody discussions with a clearer perspective.
