According to the law in Ohio at what age can the children decide not to go see the nonresidential parent for thier scheduled vistiation? What forms have to be filed to accomplish this?
My 12 year old son has many verbal incidents with his father and no longer wants to go to his house. Over the past four years they have been to two counselors. My ex-husband will go for a short period of time but when he does not agree he, he discontiues going. My son continues to see a therapist.
I am trying my best to encourage him to go accourding to what our shared parenting plan says. This is getting to be very difficult. My son comes home depressed and not loved and even to the point that he is being singled out with his other siblings at thier Dads home. Any direction in this situation for us?
Lawsuit / Dispute Attorney
There is no magic age when children get to decide where to live. The best interest of the child is the standard.
The law regarding a child's 'right'* to choose is a matter for each State and jurisdiction. The judge in most States, not the child, makes the decision based on the best interest of the child. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. There are even cases when children of age 9 are allowed to testify.
The judge is normally given almost unlimited latitude in whether or not she or he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" but the younger the child the less likely for a judge to give the stated preference much weight.
Good luck to you.
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You should consider meeting with an attorney who practices family law here in Ohio; specifically, someone who practices in our county - Cuyahoga. You might want to consider filing for a modification of the visitation order and bring this all to the attention of a judge.
It is best to discuss the facts of your case in person with an attorney. If you would like to speak with an attorney, confidentially, about your situation follow the link below.