The courts take child custody arrangements very seriously, and they are required to make a determination based on the best interests of the child. Many parents mistakenly believe that, after a certain age, the child will be able to decide for themselves where they want to live, but according to O'Connor, Mikita & Davidson, child custody lawyers based in Cincinnati, a child’s personal preference is only a single factor among many.

Family courts recognize that the child's wishes are important, but also that a child doesn't necessarily know what's in their best interests. For example, a judge will consider the child’s relationships with other children or parents in the household, and the likelihood of either parent to fulfill the obligations outlined in the divorce order. The presence of substance abuse issues and legal problems may also preclude a parent from gaining custody, regardless of the stated preference of the children.

If a parent requests that the court factor in what the children want, the judge or family magistrate will conduct an interview in chambers, away from the influence of parents, to determine what the child truly wants and why. In general, the wishes of an older teenager will be more heavily weighed than those of a younger child, but there are still cases when even the judge may deny their preference if they believe it would not be in their best interests.

If you're going through a divorce, having a skilled child custody lawyer on your side can be instrumental in protecting the rights of yourself and your children. O'Connor, Mikita & Davidson's legal team has more than 20 years of experience. Visit their website to learn more about their wide range of family law services in Ohio, or call (513) 793-5279 to discuss your case with a child custody lawyer today.