October 29, 2019

Going through a divorce can be stressful for all parties involved. Unfortunately, things can get very challenging if there’s a child to consider. It means that you and your ex-partner will need to decide who gets custody of your child — and it’s not uncommon for there to be a disagreement on this matter. If the parents can’t decide who gets custody, then you might be wondering, can the child decide?

Child Custody Laws in Ohio

At one point in time, the child could decide who they wanted to live with. In Ohio, children who were aged 12 and above could decide which parent they wanted to live with. However, this law is no longer in effect. There’s a good reason that children cannot decide who to stay with — that kind of decision puts a lot of pressure on the child that could cause serious mental anguish. Putting the decision on the child alone means that their parents are likely going to try and influence their decision as well — and they may end up feeling like they’ve betrayed one parent if they’re forced to choose between the two without wanting to.

However, if the child knows exactly who they want to stay with, then this opinion will be taken into account by the court when they decide who gets custody. Once either parent has made a motion, the court will perform an interview of the child (or children) on camera, giving them the chance to state their desire and their thoughts and feelings about living with either parent. If you have a child that you want to live with you and they want to live with you as well and are willing (and not pressured) to tell this to the court, then you should request an in-camera interview for them through your attorney.

The Child Custody Determinations Process

It’s important to understand that there’s no such thing as “joint custody” anymore. Instead, you can create a shared parenting arrangement that’s similar to joint custody. In a shared parenting arrangement, both parents are considered residential parents and legal custodians. If both parents agree, then they can submit a joint proposal for shared parenting. This proposal should include how much time the child will spend with each parent as related to each party’s routine schedule, holiday schedule, and vacation schedule.

If the parents do not agree to a shared parenting arrangement and the court decides not to adopt one, then the court will issue a decree naming one parent as the residential parent and custodial parent of the child. When this occurs, it’s often a contentious issue that the other parent will often challenge. Both parents will need to supply evidence as to why they should be awarded custody of the child. The following are some of the main factors that the court will consider:

1. The child’s opinion in the on-camera interview.

2. The relationship and interaction of the child with their parents, siblings, and other persons who affect their best interests.

3. The adjustment of the child to their home, school, and community.

4. Both the mental and physical health of the child and anyone else involved in the situation.

5. Which parent is more likely to honor and facilitate the parenting time rights, companionship rights, and visitation rights that are approved by the court.

6. Whether or not one of the parents has failed to make child support payments.

7. Whether either of the parents have been convicted of a crime resulting in abuse or neglect of the child.

8. Whether either parent has denied the other parent time with their child, or is planning to live out of state.

Speak to an Experienced Divorce Attorney

Divorce is never something anyone wants to go through but trying to go it alone can be devastating. We’re here to help support you and provide you with the information you’ll need to protect your child through this very difficult time. To schedule a free consultation, contact us today.