Check out some similar questions!

catty · Mar 22, 2007, 06:02 AM

My son is 14 yrs old and has stated he wants to live with his father because he doesn't like his sister so he has gone to his father and he has filed stuff with the courts for custody and a gal has been assigned to my son and this gal has told me that I could very well lose my son just because he wants to live with his dad. There are no abuse charges nothing just that this child wants to live with his father because he doesn't like his sister and he is bored. I live in the country he father lives in city.
I didn't think there was a legal age for these children until they were 18 years of age because all of us as parents are in charge of our children until they reach legal age and we are held accountable until for what they do. So why is there a age factor in where they live if the legal age is 18. Dose anyone know if the state of Ohio has a age where they decide they want to live ?

excon · Mar 22, 2007, 06:14 AM

Hello cat:

You're right about who's in charge. However, although the decision is up to the court, the judge will certainly entertain a 14 year olds wishes.

excon

Capuchin · Mar 22, 2007, 06:15 AM

What does the father want? He's the parent too...

Fr_Chuck · Mar 22, 2007, 06:20 AM

It appears the father "filed stuff" so I will assume he filed motions to gain custody of the child.

The child can not just decide on thie own and pack their bags and go, but the child can testify to the judge where they want to live, and unless there is a real problem with that home, the judge normally allows them to go where they want to.

So when the child tells the judge he wants to live with the father, most likely the judge will allow him.

Since the child is living with the father at the moment, most likely the father also filed a temp custody order pending a hearing.

If you want to fight it, you will need to hire an attorney to try and find a reason why he should not

ScottGem · Mar 22, 2007, 06:27 AM

First, your son can't file ANYTHING with the court since he's a minor and has no legal standing. Second, your son can't just decide on his own who he wants to live with.

What has probably happened is the father has filed for a change of custody based on your son's request. The court has assigned a family services case worker to determine whether there are grounds for changing the custody order. While your son has no legal standing, a judge will listen to your son's wishes in deciding whether to amend the custody agreement.

So you need to consult an attorney to help you, unless you want to let the son go.

catty · Mar 22, 2007, 06:59 AM

Originally Posted by Capuchin

What does the father want? He's the parent too...

He would like for the child to come there with him butt 4 years ago his wife was abusing him and not so much physical butt metally and there were other things going on in the home far as drugs and social services was involved with it. And my son remembers all of that. He wants to live with his father

ScottGem · Mar 22, 2007, 07:00 AM

You need to point all this out to the case worker. Make sure she finds those records.

catty · Mar 22, 2007, 07:04 AM

Originally Posted by Fr_Chuck

It appears the father "filed stuff" so i will assume he filed motions to gain custody of the child.

The child can not just decide on thie own and pack thier bags and go, but the child can testify to the judge where they want to live, and unless there is a real problem with that home, the judge normally allows them to go where they want to.

So when the child tells the judge he wants to live with the father, most likely the judge will allow him.

Since the child is living with the father at the moment, most likely the father also filed a temp custody order pending a hearing.

If you want to fight it, you will need to hire an attorney to try and find a reason why he should not

The child lives with me there is nothing going on other then he wants to live with his father butt 4 years ago there was a lot of stuff going on in his fathers home with his wife abusing the child and drugs and my son rembers all of that butt he still wants to live with his father he dose not like his wife at all.

Originally Posted by excon

Hello cat:

You're right about who's in charge. However, although the decision is up to the court, the judge will certainly entertain a 14 year olds wishes.

excon

I guess I don't understand we as parents are liable for our children till the age of 18 when things of this nature comes up this kids are told you can decide what you want at there age (14) then with that they act like they are grown and they make there choices in life butt let them do something wrong like steal a car cause a wreak they don't go after the 14 year old they go after the parents so why dose our legal system allow them to make
A discission? In some cases it's a must to speak with a child when there is something wrong that can effect them in life butt because he bored and he doesn't like his sister ?

ScottGem · Mar 22, 2007, 08:37 AM

You are missing the point here. Your son may have decided what he wants, but that's not the final word. What the father should have done was tell your son that under the custody agreement in place you have custody and he needs to go home until something can be worked out. The fact that he didn't do that may work against him in a custody battle.

All your son did was express a preference. His father is the one who is making the decision to petition to amend the custody agreement, not your son. The actual decision will be made by a judge, not by your son or his father.

Yes its true that a parent can be held responsible for the actions of a minor child. But that's not a valid analogy here. No decision has been made yet. There is every possibility the judge will look at what's behind the son's desires and tell him life doesn't work that way and go home to your mother.

catty · Mar 22, 2007, 01:38 PM

Originally Posted by ScottGem

You are missing the point here. Your son may have decided what he wants, but that's not the final word. What the father should have done was tell your son that under the custody agreement in place you have custody and he needs to go home until something can be worked out. The fact that he didn't do that may work against him in a custody battle.

All your son did was express a preference. His father is the one who is making the decision to petition to amend the custody agreement, not your son. The actual decision will be made by a judge, not by your son or his father.

Yes its true that a parent can be held responsible for the actions of a minor child. But that's not a valid analogy here. No decision has been made yet. There is every possibility the judge will look at what's behind the son's desires and tell him life doesn't work that way and go home to your mother.

I will have to agree with you there its just so aggravating when it comes to your children I understand they need both parents but when they are no longer together its hard I just want what's best for him even though my son dose not agree with it.

derreuna · Apr 12, 2007, 09:35 AM

You should have keep him he is not grown girl get him and his sister to talk they promblem out because I wish I had a sister

NowWhat · Apr 13, 2007, 11:49 AM

I think in Ohio, the age is 12. Of course, a judge will listen to everything, but the wishes of the child weigh very heavy.

catty · Apr 13, 2007, 01:35 PM

Originally Posted by NowWhat

I think in Ohio, the age is 12. Of course, a judge will listen to everything, but the wishes of the child weigh very heavy.

I have done some checking and there is no age limit but the judge will listen to the child and determine what's best for him. It just ashame that I go and seek child support and his father dose this