Legal Question in Family Law in Ohio

can my daughter choose?

My daughter is 14 years old. She is living with her mother. Her mother is a very nice person that has provided a wonderful home for her daughter. However, she is recently married to her third husband. My daughter sincerely does not like the situation that she is in. Can she decide to live with me? If so, how do I make this happen legally.


Asked on 8/04/99, 6:33 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: can my daughter choose?

There used to be a law in Ohio allowing children, I believe age 14 and up to choose their guardian, provided that the court agreed. That has been repealed. However, I don't know what practical difference it makes, since the court makes the decision in any event. What you can do is to file a motion for change of custody. I would imagine if your daughter has a strong preference and she communicates that to the Court it will probably be given great weight. But there are other factors such as changed conditions, the circumstances of both parents, the "best interest" of the child, etc. You should contact a domestic relations attorney to discuss the options.

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Answered on 8/05/99, 9:22 pm


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