Cleveland, OH asked in Child Custody and Divorce for Ohio

Q: At what age can a minor decide the custody of themselves?

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1 Lawyer Answer
Daniel Frank Gigiano
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  • Divorce Lawyer
  • Wadsworth, OH
  • Licensed in Ohio

A: There is no set age. At some point, minor children begin to possess the maturity to intelligently make such decisions based on relevant reasons. Younger children may make such decisions based on arbitrary reasons such as who will give them more ice cream or out of fear of rejecting a parent. An older child may consider which parent is more likely to ensure that they regularly attend athletic and other extracurricular activities, which parent may provide consistent wholesome meals, and a more pleasant home life. Of course, even older children can be swayed by material things and fear. This is why it is a good idea to have a guardian ad litem appointed to the child, who can learn the child's wishes and determine whether such wishes are in his or her best interests.

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