Englewood, OH asked in Family Law and Adoption for Ohio

Q: My niece is 12, lives with Mom, wants to live with Dad. How old does she have to be to request and get perm? Ohio btw.

Niece is 12 years old, mother had her in highschool, they live in Ohio, father is in Tennessee and they have never been married. He never fought for custody. Niece wants to live with Dad. How old does she have to be to request this and gain permission? Father wants her.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Family Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Niece doesn't get to decide. If a court has not granted father any parental rights, then her mother has sole legal custody, and she gets to make all parental decisions. Father could file for parental rights, and the court would then decide what is in the best interest of the child. Father should retain a local family law attorney where mother and child live.

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