Bath, PA asked in Child Custody and Family Law for Ohio

Q: Shared legal custody and separate state parents. Daughter wants to move with father.

I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to Pennsylvania and voices concerns about her current family life in Ohio and how she enjoys being with her family here. Wiil a judge grant this and is it worth petitioning to change the custody order? She has voiced mental health challenges with living at home and has expressed this to a school counselor as she has regular sessions.

Related Topics:
1 Lawyer Answer

A: This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.