Legal Question in Family Law in Ohio

Re: Does a 12 year old have a right to choose residence?

Strictly speaking under Minnesota law the answer is no. Adults make decisions about child custody, not the children.

On the other hand, if you were seeking custody of that child one of the factors to be considered would be the child's preference. You would probaby have to get past the "endangerment" standard, however.

In the absense of an agreement between the parents, a Minnesota custody order is usually not changed except where there is "endangerment" - either physical or psychological.

You need to consult an attorney competent in this area. Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

Re: Does a 12 year old have a right to choose residence?

Normally, the child does not get to say where he or she wants to live until they are 14 years old, but, the Court will take as instructive the childs opinion and combine that with other factors set forth in the Revised Code.

Good Luck!!!