[sheadl]

My 12 yr old son wants to come live with me. I have been divorced for 2 yrs and my ex wife has went from having our 3 kids to a total of 6 kids now. My son and I have both tried to have conversations with my ex about this but she refuses. We have shared custody. Can he just refuse to leave here and go home with her since she is considered the residential parent? We live in Ohio.

[Fr_Chuck]

He may decide on his own when he turns 18, until then he and you are bound by the court order. If you wish to change cusotdy, you will have to file a motion in court to modify the current order and prove it is in the child's best interest.

At 12 some courts may let him testify, others will not. But just what he wants is not the only thing courts look for.

[ScottGem]

This is an often asked and answered question. In Ohio (and all US states) a child cannot choose where to live. They can only make that choice when they turn 18.

So, no, if he refuses to return to her you will be in violation of the court's orders and could be charged with parental interference.

If you want a change of custody, you have to go back to court and petition the court for a change. Your son's preference may or may not even be listened to at his age. But it will not be given great weight. So you will need to prove it is in HIS best interests to change.