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Can my neice decided who she wants to live with at 15 since her mother passed away?

Can my neice decided who she wants to live with at 15 since her mother passed away?

Full question:

My sister recently passed away leaving her fifteen year old daughter, my niece. Now our mother, the 15 year old's grandmother, has petitioned for custody although the father has appeared to claim parental rights to have visitation with the teen. The teen however does not know this man as the parents were never married and has NO desire to spend time with this man. Does she have the right at her age to have any say to the time she spend with him. Also, we are considering having her petition for "emancipated minor" status as a means to liberate her from forced visitation. What are Ohio laws on obtaining this status?

Category: Minors
Date: 04/07/2025
State: Ohio

Answer:

The court may consider the child's wishes as a factor in determining custody.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to prove you are a good parent in court?

To prove you are a good parent in court, gather evidence showing your involvement in your child's life. This can include records of school attendance, medical appointments, and extracurricular activities. Character references from teachers, coaches, or family members can also support your case. Document your parenting style and demonstrate a stable home environment. Keep a record of positive interactions with your child and any efforts made to maintain a relationship with the other parent. The court will consider these factors when making custody decisions.

How to give custody to a non-custodial parent?

To give custody to a non-custodial parent, both parents must agree to the change. You can file a petition in court to modify the custody arrangement. This typically requires demonstrating that the change is in the child's best interest. The court will review the circumstances and may hold a hearing to ensure that the new arrangement is suitable for the child. Legal representation can help navigate this process effectively.

How do I prove I am a better parent in court?

To prove you are a better parent in court, focus on demonstrating your commitment to your child's well-being. Present evidence of your involvement in their education, health care, and daily activities. Highlight your ability to provide a stable and nurturing environment. Document any positive feedback from teachers or counselors. Be prepared to address any concerns regarding the other parent's ability to care for the child. The court will consider all evidence to determine the best interests of the child.

What not to say in a custody hearing?

In a custody hearing, avoid making negative comments about the other parent, as this can reflect poorly on you. Refrain from discussing irrelevant personal issues or past grievances. Don’t exaggerate or lie about your parenting abilities or the other parent's behavior. Focus on facts and evidence that demonstrate your capability as a parent. Maintaining a respectful tone and demeanor is crucial for a favorable impression on the court.

What looks bad in a custody case?

Factors that can negatively impact a custody case include evidence of neglect or abuse, substance abuse issues, or a lack of involvement in the child's life. Poor living conditions or unstable employment can also be detrimental. Additionally, any attempts to alienate the child from the other parent may be viewed unfavorably. The court prioritizes the child's best interests, so any behavior that suggests a lack of commitment to their well-being can harm your case.

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire in custody cases. Courts generally view such actions as detrimental to the child's relationship with both parents. If one parent is found to be obstructing visitation rights without valid reasons, it can lead to a loss of custody or visitation privileges. It's essential to encourage a healthy relationship with both parents unless there are safety concerns.