At what age can a child decide who to live with?

Question: I've been divorced for a while with three children who live with their mother. The boys are twenty years old and two sixteen year old twins. I just got asked by one of the twins if he can come and stay with me, (they are currently in Ohio and my current wife and I live in Arizona with our seven year old daughter), is there a defining age when a child can ask to live with the other parent and the custodial parent must grant this request or must the court hear this and decide?

Answer: I cannot answer that question specifically to the laws of Ohio, as I am not licensed to practice law in that State. Generally, children that are able to understand the oath to testify truthfully can present their opinion to the court with regard to custody. However, a child of tender years will be but a whisper in the judge's ear. As the child grows older and more mature, the voice of the child grows louder. If a child has a mature and rational basis for requesting the change in custody, a court will listen. There is no magic age, though most courts will follow the wishes of a sixteen-year-old child if their reasoning is sound.

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