One of the biggest issues in many divorce cases in Ohio is child custody. As you prepare for your hearing on the custody of your children, you may wonder what will happen. Many parents and children want to know if the children will have any say in who they live with and the other custody arrangements. According to the Ohio Revised Code, the court has the right to allow or deny children to express their wishes about custody in court.
Judges generally like to hear everyone in a case. It allows the to understand the situation and get to know the children involved. It gives them a better ability to make the right decision. However, judges know that not every child is able to make decisions for themselves of this nature. So, the court will typically assess a child first to determine if he or she has the reasoning capabilities to express his or her wishes concerning custody matters.
Even if the court finds a child does have the reasoning skills, the court still has the right to not consider the child's wishes. The court always must first base a decision on what is in the best interest of the child. Sometimes that is not what the child wants.
If the court does want to speak with a child, it will do so in chambers with only the child. You cannot be there during this interview. Other court personnel may be there and if you child has an attorney, he or she may also be present. This information is for education and is not legal advice.