child's voice

[sherrie ohio]

Does enyone out there know the age a child has to be in ohio for the court to consider their wishes.Thanks...

[BestMom]

I'm pretty positive that it's always 13 yrs old.

[leftoverinmn]

I found this info on custodyreform.com. I think it's helpful.

The magic number in almost every single state is... (drum roll, please)... 18. (If it's not 18, Alaska, Alabama, Mississippi, Nebraska, Pennsylvania, and Wyoming are the only exceptions, the age is even higher, either 19 or 21; see Age of Majority.) Upon 18th birthday, child becomes adult, and may legally choose to live anywhere they please, either with a parent, or both, or neither. Prior to that age, all children (unless they have taken the necessary steps to legally emancipate themselves earlier) are bound by the custody order in existence between the parents. Moreover, it is the parents' responsibility to ensure that the children comply with those orders. Failure to do so may result in contempt citations against the (ir)responsible parent. However, if custody is currently being decided, or currently being modified, then some children in some cases may be granted the opportunity to present their opinions and feelings to the court. Generally speaking, the courts are looking for children with sufficient emotional maturity to understand the consequences of their statements; chronological age of the child is theoretically not important. Nonetheless, for practical purposes, children under 11 or 12 will rarely be heard by the court; by the time they are 15 or 16, they will most likely be heard.

Most or all states have something resembling the following language in the family code regarding assigning or modifying custody: "The court shall consider all relevant factors where applicable: ...". This phrase means that the court decides where the child shall be placed, not the child. Further note that the family code says something like "the reasonable preference of the child if (however many) years of age or older..." The phrase, "reasonable preference" means that the child must be of sufficient maturity to understand the consequences of his preferences, thoughts, and opinions. If the judge is not convinced of the child's maturity, then the child's opinion is not applicable, and will not be considered by the court. Further note that there are many other factors, besides the child's opinion, that the court shall also consider in assigning or modifying custody. This means that other factors could play the determinative role in the court's custody decision, regardless of the child's opinion. For all these reasons, it is clear that children may not decide where they shall reside, until they become adults; at least age 18 in every single state. (Note: There is one notable exception in the GA state legislation. GA state has adopted, as part of its family code, legislation which states in effect: "For children above age 14 (who are not otherwise incapacitated), the reasonable preferences of the child shall be CONTROLLING on the court." In other words, the burden of proof in GA is on the courts (the state government) to demonstrate why the 14-year-old child's wishes should not be honored. All other states have a lower standard, and the burden of proof is on the child.)

Nonetheless, it is common knowledge that courts often (but not always) issue decisions that resemble the child's opinion. Why? Because the judge, after considering ALL the relevant factors, came to the conclusion that 1) the other factors should not be held in greater esteem than the child's opinion, or 2) the other factors represent a "tie" between the parents, and no overriding factor (or multiple factors) exists which would favor one parent over the other. Therefore, the child's opinion is often used as the "tie-breaker" vote, since all other factors are about equal. At no time does the child decide. If a child can't buy a beer, then what makes people think a child can decide a custody matter? They can't, though if they have sufficient maturity, children can certainly INFLUENCE the court's decision.

In summation, a child may not choose prior to 18th birthday in any state. Prior to that, either the parents agree, or if not, then the judge will decide. The judge has discretion as to whether the child will even be heard, and/or how much weight will be placed on that child's opinion.