"At what age can a child decide which parent he/she wants to live with? I live in Ohio as does the mother. He does want to live with me."
The quick answer to your question is "The judge decides until the child is no longer a minor."
Issues of custody are decided by a judge after considering a variety of factors to determine the best interests of the child.
The wishes of the child are weighed along with all the other factors.
The older and more mature the child, the more weight the child's wishes are given. A five year old child isn't as informed as a 14 year old, but a 14 year old still doesn't possess the ability to really know what's best (they just think they know everything) even where they are better able to express an informed preference. Even where statutory ages are provided for guidance, as they are in some states, at no point does the child merely get to declare which parent they will live with and have that be the deciding factor.
2006-10-22 05:53:55
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answer #1
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answered by ParaNYC 4
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OK - Ohio law or whatever law/first check with the Child Protection Services in your area. As far as I know, under the age of 16 - the child would have to make Application to the Court, to be emancipated from "that" parent. You don't say the age, so I don't know how to help you any further, because a child under, lets say 10-yrs. and if its a "boy", commonly wants to reside with the father. If the child is close to 16 - then ALL changes and he/she can leave the custodial parent and reside where ever he/she wants. All that aside, if you feel your child is being neglected/miss treated/abused - have Children's' Aid investigate. In most cases, during a custody case, if the child is 10-years or more, he can CHOOSE the parent he/she lives with. Good Luck and I hope this information helps you out.
2006-10-22 05:28:12
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answer #2
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answered by peaches 5
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The child can decide when he is 18.
However, each state has a test for when a child may express a preference to the court. In some states, it’s a certain age. In other states, the judge can speak with any child and weigh the child’s preference.
The final decision is the judge's, not the child's. The court will continue to look at what is in the best interests of the child, regardless of the child's preference.
2006-10-22 05:16:14
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answer #3
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answered by Bad Kitty! 7
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between the ages of 12 and 14 of course, you should know your children and if they are responsible enough to make a decision like this also both parents should be on the same page with something like this no matter if you live 2 miles away from each other
2006-10-22 05:20:50
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answer #4
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answered by wlkns_shly 1
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If a child was a machine, sans a MIND that is filled with guilt [the usual misperception of a child in a divorce], and was free of emotional conflict associated with the fully repressed misperception, and could rise above his/her MIND coloring what he/she thinks, and was perhaps ten or so, then that child could decide.
The fact is, the child perhaps "thinks" [which is delusional thinking fed to his brain by his MIND] that because your wife "drove" you away, that you are a victim and he "needs" to protect you. Or perhaps his MIND, seeking to escape "responsibility" wants to escape just as you did. I am referring to misperceptions held within the MIND of a child here, and not finding fault relative to either you or your wife.
Over many years, I encouraged couples who were bent upon divorce to decide between themselves who was the best person to raise a child, and the other person be big enough to put the welfare of the child ahead of his/her own ego needs, and to leave and not insist of exacerbating the misperceptions within the child's MIND by insisting on jerking the child back and forth.
The reason a couple cannot stay together is the same reason a child must not be compelled to become an operational schizophrenic in having to be one way with one parent, and then completely change to be another way with the other parent, etc, etc, ..
Most people, thinking of themselves only [seeking to meet their own ego needs], and being quite ignorant of the MIND, and how it operates within a child, will not have the child's needs uppermost in their reasoning. Unfortunately, most judges and attorneys are just as ignorant of the MIND of a child, and look upon a child as a machine.... like who gets to use the TV on Sundays?
Finally, to make a child decide is to push all "responsibility" upon the child in a cognitive way.... when the child has already taken-on the responsibility of guilt for the divorce psychologically... or within his/her MIND. The decision should be the parents, and it should rest entirely upon what is best for the child.
Peace
2006-10-22 05:37:16
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answer #5
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answered by docjp 6
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Custody, whether with a divorce or not, is a matter of Equity. That means, as someone mentioned above, it's up to the judge. Most will at least pretend to listen to the child's wishes, but he's free to disregard them, and isn't totally limited to choosing one of the parents.
2006-10-22 05:22:51
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answer #6
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answered by open4one 7
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in the state I live in the judge HAS to take in account the child's desire, just as another piece of evidence such as pictures or something of that nature, at age 14. But the judge can (to his discretion) talk to the child at any age.
2006-10-22 05:30:06
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answer #7
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answered by NolaDawn 5
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Legally, its 14 as Alicia F mentioned (at least where I live in MN). If you call Child Services, you could find out for sure. Good luck!
2006-10-22 05:21:41
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answer #8
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answered by cubnpack 2
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If i'm no longer unsuitable, i'm particularly constructive the age is 12. i exchange into 12 when I regarded earlier a choose whilst i exchange into asked if i needed my step father to legally undertake me. yet i might easily pass seek for out suggestion from a lawyer.
2016-10-15 07:34:25
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answer #9
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answered by Anonymous
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At 18 when they are an adult
At 12 or so they can tell the court what they like or think but it is the court that always makes the call
2006-10-22 06:03:41
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answer #10
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answered by Anonymous
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