Legal Question in Family Law in Ohio

the age a child can decide the parent they want to live with

My children have been requesting to live with me and my wife for some time now. My ex and I have joint custody, she is the managing. They are 11 & 13. My wife and I live in TX where they were born, and where my ex and I were divorced in '97. She got the divorce moved to OH in '99 so, I have to go through the courts in Ohio to do anything. I need some information on Ohio law. Can anyone help me? Thanks

Asked on 8/03/01, 1:31 am

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: the age a child can decide the parent they want to live with

You can file in the court where you were divorced, the suit is called a motion to modify in a suit concerning the parent child relationship. You file this as the same cause number as your divorce and in the same court. Be warned that your wife has the absolute right to transfer the case to where the children live. That means that it is very likely that the case will be transferred to her state before anything is heard. She might - because of the children's wishes, be willing not to transfer the case. You need to check with a lawyer in your area, but be aware that no one can tell you that they will stay on the case unless they are licensed in both Ohio and Texas and you are willing to give a very large retainer that they will be there from beginning to end. Lawyers are licensed by state and the Ohio/Texas license combination must be

rare. You might be better off finding an Ohio lawyer willing to transfer the case and hearing it there. Think in terms of working out a mutual agreement with your ex regarding the issues. If you are in my area I would be happy to work with you on working out an arrangement that is agreed to by all. I am NOT licensed to practice in Ohio.

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Answered on 8/05/01, 3:20 pm

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