Legal Question in Family Law in

Re: Children

Alot will depend on the law in your state. Ohio used to set an age (I believe 14) at which a minor could "elect" which parent he wished to live with. That was eliminated, however.

Generally, I think that with or without a specific rule, the courts are going to consider the wishes of an older child. The older the child the less likely the court is going to want to impose a different result than what the child has decided. To make a long explanation short. Make sure your wishes are known to the Court.

Jonathan Schiff

Self employed

605 Rose Hill Ave

Re: Children

The general standard for custody is "the best interests of the child." At some point, the child should

participate in this process. In many states, the age of 14 is the age at when the court starts "listening"

to the child. However, the child should not have the choice unless they are the power to make the

determination by living independently. This may occur at 16 or 17. These ages are likely to vary from

state to state and even child to child based upon the child's maturity.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: Children

I'm only licensed in Tennessee, and the law will vary somewhat from state to state, but generally speaking courts never have to follow the wishes of a minor child in deciding custody issues.

The court might be required to allow the child to testify and might be required to CONSIDER the child's wishes (generally coming at age 12-14), but most states do not allow a child to actually make the decision until they reach the age of majority.

To find out how your state deals with this issue, and how much weight your local judges tend to give to a child's preference, you need to speak with a local attorney.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601