Legal Question in Family Law in Ohio
Child's Rights in Deciding Visitation Schedule
My son is 12 years old. His father and I are divorced and have a shared parenting agreement. My son does not like the current arrangement and wants to know at what age, if any, that he gets to decide when he will or will not visit with his father. This question is similar in scope to that posted on 8/27/00 titled ''Child Visitation with Non-custodial Parent.'' The issues are similar. At what age does a child get to decide when and how long to visit with the parent who is not the primary care provider?
2 Answers from Attorneys
Re: Child's Rights in Deciding Visitation Schedule
If the court has ordered shared parenting, you will have to file with the court for a modification of this arrangement. The judge should take into consideration the wishes of the child, but will rule based on the best interests of the child.
Disclaimer: this message is intended as general information only, and does not create an attorney-client relationship, nor is it legal advice. Only a signed contract can establish such a relationship.
Re: Child's Rights in Deciding Visitation Schedule
The general rule of thumb is that the child opinion is influential on the Courts determination as to who gets custody when the child turns 12. However that is merely one of many factors and the Court will primarily look to the best interests of the child in its determination.
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