This is one of the most common and emotionally charged questions parents ask. As children get older, they develop their own opinions and preferences, and it's natural to wonder how much weight those preferences carry in a legal setting.

In Ohio, the law is clear: a child cannot unilaterally decide which parent they will live with. The final decision-making authority rests with the judge, who must consider all of the "best interest" factors.

However, the child's wishes are one of those important factors. The law allows a court to consider the "wishes and concerns of the child" as they express them. The amount of weight a judge gives to those wishes depends heavily on:

• The child's age: The opinion of a 16-year-old will be given more consideration than that of a 6-year-old.

• The child's maturity level: The court will assess if the child is mature enough to make a reasoned decision.

• The reasons for their preference: A judge will try to determine if the child's reasons are sound (e.g., being closer to their school and friends) or based on flimsy grounds (e.g., one parent has fewer rules).

• Any evidence of parental influence: The court will be very wary if it appears one parent is manipulating the child to state a preference.

Ultimately, a child's preference is an important piece of the puzzle, but it is just one piece of a much larger picture focused on the best interests of the child.

To learn more about navigating these sensitive issues, download our free guide: Focused on Their Future: A Strategic Guide to Custody and Co-Parenting for Professionals.