When a couple decides to end their marriage, it can be a difficult time for families. When there are minor children, the parents must make many decisions regarding child custody and visitation arrangements. Often, a child will reside primarily with one parent and have scheduled visitation with the other. Although a child may reside with one parent, both parents may still be responsible for making important decisions on their behalf.

Should I stay or should I go?  This is a question that is often asked.  Living arrangements during negotiations or the pendency of a divorce can be a tricky issue.  Whether you leave, your spouse leaves, or you both remain in the marital home during the divorce process depends on many factors.

If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected. In addition to issues specific to your circumstances, the following questions can help you gain a clearer understanding of what you should do and how an attorney can help you:

Ohio does not recognize the right of a child to choose which parent should receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including: