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.
Ohio Law Today on the Wishes of the Child to Live with a Parent
While the … Read More... “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”
As individuals we have certain inalienable rights, granted to us by the Constitution. The right to own a gun, the right to vote, the right of free speech . . . the list goes on and on. Among those rights that we as U.S. citizens enjoy, is the right to parent as we see fit (subject to certain exceptions, of course). Parents are generally allowed to make important decisions on behalf of their minor children. Examples include, what type of food the child eats (vegan, gluten free, organic, etc.), what type of school the child will attend (public school, private school or home-school) and whether or not the child will be vaccinated. In addition, parents are charged with deciding how to discipline their children and what organized religion, if any, they will be raised in. Whether or not parents realize it, the decisions they make today will affect their children for the rest of their lives.
School is right around the corner for many children and their parents. This time of the year, while always somewhat stressful for children, can bring even more anxious unknowns for a child when their parents are separated. Regardless of your relationship with your former spouse there are some steps you can take to ensure your children, and their teachers are prepared for the coming year.