Q: Ohio. my ex husband is trying to get my 11 yr old to move in with him. What age can she decide and can I say no?
I am the custodial parent and she see's him every other weekend.
A: You can say no because you are the custodial parent, and so it is your decision, not his, not hers. Both parents must comply with the terms of the court-ordered custody arrangement, until a court orders a change. If any parent wants to change that, then that parent can go back to court to try to persuade the court that a change is in the best interest of the child. The child does not get to decide. The court might consider the child's wishes, along with what each parent wants, but the court must assess all the facts and circumstances and determine what is in the child's best interest, and make any change to the custody order accordingly, or leave the custody arrangement the same. Talk to the attorney with whom you worked before, or use the Find a Lawyer tab to consult a local family law attorney.
A: If you have sole legal custody of the child, your ex when he goes to court to try to modify the custodial arrangement, would have to demonstrate a significant change in your circumstances or those of the child since the last court order addressing custody, presumably when you received sole legal custody. Absent a finding by the court of such a change of circumstances, It stops there.
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