ANSWER: The answer is FALSE.
History of the Ohio Child Election Law
Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).
However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996). Thus, courts in Ohio no longer considered the choice of the child controlling and opted instead to utilize the ” best interest” factors set forth in the current amended statute. Id.
Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about … 
