The law regarding a child's 'right'* to choose which parent to live with is murky, and varies considerably by State and jurisdiction. 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. The judge is normally given almost unlimited latitude in whether or not he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age". The judge will decide,
Contact a local lawyer to talk specifics.
Good luck to you.
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There is no age a child can determine this issue. Once the child is an adult, meaning over the age of 18 and out of high school, then he can make any decision he wishes to regarding his parents. Until then, his wishes are just one factor under Ohio law that the judge considers when making a decision.
The child's father and step mother also need to make sure they are doing nothing to hinder the mother-son relationship, as this would be grounds for contempt. The father needs to make sure he is encouraging his son to discuss the issues as why he does not want to go with his mother with her so that the issues may be resolved.
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