How Is Child Custody Determined?
In Ohio, there are many different ways that a court will determine who gets custody of a child. In some cases, the child will be asked directly where he or she wants to live. Generally, the child’s wishes will be taken into consideration if a judge finds that the child has sufficient reasoning ability. However, special circumstances may prevent the child’s preference from being taken into account.
A court does not have to adhere to the wishes of the child. Instead, it must make a determination as to what would be in the child’s best interest. This is done by looking at the ability of the parents to cooperate in raising the child. Additionally, a judge must look at whether there is a history of spousal or child abuse on the part of either parent.