Ohio does not recognize the right of a child to choose which parent should receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including:

• Each parent’s wishes
• Adjustment to home, school, and community
• Child’s relationships
• Mental and physical health of all family members
• Each parent’s likelihood to honor visitation rights
• Each parent’s record of making on-time child support payments
• Each parent’s criminal history as it pertains to abuse or neglect
• Each parent’s intention to remain in the state

For more detailed information about child custody in Ohio, please see the Ohio Revised Code.

How Can I Make Custody Decisions Easier on My Child?

When custody decisions are looming, it is best to create an environment where your child feels loved and supported by both parents. This includes supporting the relationship between your child and your spouse. Do your best to leave your child out of it. You should not influence your child’s opinion of the other parent nor should you try to encourage your child to “choose”. Instead, encourage your child to be honest and convey his or her own thoughts, feelings, wishes and concerns.

The attorneys at Moskowitz & Moskowitz, LLC have experience dealing with these types of issues. We actively assist our clients in navigating the choppy waters of custody contests as well as all other aspects of family law.