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Ohio court will consider a variety of factors to determine what is in the best interest of the child and what is the best custody/parenting schedule arrangement for the child, which include " the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court."
There is no black and white age in Ohio where the child can simply refuse to go with one parent or the other and the court will absolutely follow what the child wants to do. The court will consider other factors as well in making the decision re: custody, so it is important that you are keeping track of his conduct that is basically leading to your daughter's preference. The maturity of the child to state a preference will depend upon a case by case basis, but 12 years old would be the age by which generally the court would consider the child's preference. FYI, other listed factors the court may consider are: "the child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest; the child's adjustment to the child's home, school, and community; the mental and physical health of all persons involved in the situation; the parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights; whether either parent has failed to make all child support payments; whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time; and whether either parent has established a residence, or is planning to establish a residence, outside this state. (Ohio Code - Sections: 3105.21, 3109.03, 1309.04, and 1309.051)
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