Family Law

Can a Child Choose Which Parent to Live With in Ohio – Part II

We had quite a reaction to the blog related to whether a child can choose which parent to live with upon the parents divorce in Ohio. Readers were surprised to learn that a child no longer had the ability to make such a choice, even if the child is 12 or 13 years old, and many were upset to learn this fact (evidently many were counting on this fact). Given the level of reaction, we thought that a few points of clarification were in order. While it is true that a child in Ohio no longer has the absolute right to choose which parent he or she would like to be deemed the residential and custodial parent, a child’s preferences can play a role in the Court’s ultimate decision on the matter. Under current Ohio law, when a party requests (or upon the Court’s own motion) the minor child can be interviewed by the judge or magistrate in chambers (called an “in-camera” review) as to the child’s wishes and concerns related to custody matters. However, before the Court will take into account the child’s wishes or preferences regarding child custody, it must first determine whether the child has the maturity level to adequately express such feelings in a useful manner (what the statute calls “reasoning ability”). Should the child have the requisite reasoning ability, the Court must then ask whether interviewing the child and asking him or her to express those wishes and concerns is actually in the best interest of the child, or whether asking the child to “choose” between parents would be detrimental to the child. In other words, although the Court is empowered to take into account the child’s preferences in determining custody matters, it will only do so if the child is mature enough to provide useful input and if asking the child to pick between parents would not be detrimental to the child’s well-being. So, in short, for those of you counting on the fact that your child wants to live with you as being the winning card against your ex, there is some benefit to that being the case, even if the law doesn’t allow the child to make the ultimate decision.

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Can the Child choose which Parent they want to live with in Ohio?

It is one of the most common myths that people maintain when it comes to child custody: Once a child reaches a certain age, that child can choose which parent to live with, right? Well, that is actually incorrect. However, this myth is based in history and actually grounded is truth. Under former Ohio law, once a child attained the age of 12 years old, that child had the power to choose which parent was to be deemed the residential parent and legal custodian of that child. However, under current Ohio law, minor children no longer have the ability to choose which parent they want to live with on a permanent basis. In other words, when the Court issues its final divorce decree which, among other things, allocates parental rights and responsibilities, it is not the child that determines which parent is to be the residential parent, even if that child is a teenager. Ohio law treats a 14 year old in the same manner as a 4 year old when it comes to determining which parent with be designated as the residential parent. And, like almost all issues involving minor children, the determination is guided but what is in the “best interest of the child”.

So, divorcing parents, remember that your child will not be choosing for or against you when it comes to custody issues. Rather, the Court will decide and you need to focus your energy on convincing the Court that it would be in the best interest of the child to live with you … do not work on convincing the child that he or she should choose you. Which, in truth, is not fair to the child anyway.

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Is there Joint Custody in Ohio for Divorcing Couples?

Many divorcing couples say that they want to work out Joint-Custody of their children, but wonder how to make that a part of the Divorce Decree. Well, the answer is that there is such a thing as Joint Custody under Ohio divorce statutes, but it is not actually called “Joint Custody”. Rather, in Ohio, what people generally mean by Joint Custody is something called “Shared Parenting Plan”. With a shared parenting plan, the parties agree to share the parenting responsibilities such that one parent is not designated as the sole residential parent and legal custodian of the minor children. The parties agree on some form of shared parenting plan and submit the plan to the court for its approval. If the Court accepts the shared parenting plan, then both parents will have custody of the children, as opposed to one parent being the residential/custodial parent and the other having visitation rights only.

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Do I Need a Lawyer for an Ohio Dissolution of Marriage?

In most states the term dissolution refers to a traditional divorce proceeding. However, in Ohio a dissolution of marriage is a statutory alternative to a divorce proceeding in which husband and wife both agree on parental rights, spousal support, and division of personal property, contained in a document called a separation agreement.

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Immigration Law: How can I adjust my status if my abusive husband won’t help me petition?

It is a common problem for abused spouses who are admitted to the US on a finance visa – they are abused by the husband who is a US citizen or Legal Permanent Resident and he will not petition the USCIS to adjust the new wife’s status to that of an LPR. Often the abuser spouse would use the petition process as leverage to further control the immigrant wife and the wife was helpless as she needed the abuser husband’s assistance in petitioning for LPR status. The good news is that the US government addressed this issue a few years back in the Violence Against Women Act (VAWA). The VAWA has a provision where the abused fiance (or wife) can “self-petition” for an adjustment of her status. Therefore, if any immigrant woman is currently suffering from an abusive husband, she is no longer at his will as to whether she will ultimately be granted LPR status. She simply needs to go see an immigration attorney and he or she can assist the woman in adjusting her status without the cooperation of the abusive husband…

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Law Offices of John T. Nicholson

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Dayton, OH 45432-1805
(937) 432-9775
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2021 Auburn Ave., Suite 105
Cincinnati, OH 45219
(513) 276-4677
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Columbus

1041 Dublin Rd #103
Columbus, OH 43215
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Franklin

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Franklin, OH 45005
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Kettering

5335 Far Hills Ave., Ste. 108
Kettering, OH 45429
(937) 524-5922
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Piqua

430 N Wayne St
Piqua, OH 45356
(937) 325-8500
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Springfield

150 N Limestone St #217
Springfield, OH 45501
(937) 325-8500
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Trotwood

2541 Shiloh Springs Road
Dayton, OH 45426
(937) 524-5922
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Troy

22 N Market St
Troy, OH 45373
(937) 524-5922
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West Chester

7103 Cincinnati Columbus Rd
Cincinnati, OH 45069
(513) 276-4677
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Dayton, OH 45441
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Beavercreek Office

4461 Dayton Xenia Road
Dayton, OH 45432-1805
(937) 432-9775
Map & Directions

Cincinnati Office

2021 Auburn Ave., Suite 105
Cincinnati, OH 45219
(513) 276-4677
Map & Directions

Columbus Office

1041 Dublin Rd #103
Columbus, OH 43215
(614) 384-5800
Map & Directions

Franklin Office

8 Stadia Drive
Franklin, OH 45005
(937) 432-9775
Map & Directions

Kettering Office

5335 Far Hills Ave., Ste. 108
Kettering, OH 45429
(937) 524-5922
Map & Directions

Piqua Office

430 N Wayne St
Piqua, OH 45356
(937) 325-8500
Map & Directions

Springfield Office

150 N Limestone St #217
Springfield, OH 45501
(937) 325-8500
Map & Directions

Trotwood Office

2541 Shiloh Springs Road
Dayton, OH 45426
(937) 524-5922
Map & Directions

Troy Office

22 N Market St
Troy, OH 45373
(937) 524-5922
Map & Directions

West Chester Office

7103 Cincinnati Columbus Rd
Cincinnati, OH 45069
(513) 276-4677
Map & Directions