I would like to see my daughter

[msloved94]

Hi,

I live in Ohio and my daughter lives in Virginia with her father. At what age can a child choose which parent she/he wants to live with? I would like to establish visitation but am unable to afford the costs for an attorney. Can you give me some advice? The jurisdiction is in Virginia, not Ohio. I am not required to pay child support, but I will do anything for my child.

 

[Proserpina]

Your child can choose at 18.

Until then, you can file for visitation in Virginia where your daughter lives. You will generally be expected - at least initially - to visit in Virginia.

 

[MorgansDaddy]

A court may hear what a child wants around 14ish, but that doesn't mean the judge will rule in favor of the child's wishes. SO, 18 is the age the child can decide as the previous reply states.

You will not really need a lawyer if you can't get one to file for visitation, but expect once you get visits to finally be allowed in Ohio, you will foot the entire bill.

Proserpina is right about all that she wrote, not that she needs me to say that, but just wanted to let you (OP) know.

 

[Proserpina]

..and to go one step further (I predict we might go down that path ), a parent with no established visitation has very little - if any - chance of getting primary custody unless there is a question of the other parent being unfit.

Specially if the other parent actually lives in a different state - the NCP isn't just asking to change custody, but to remove the child from one state's jurisdiction.

 

[MorgansDaddy]

Also, you should expect at least 3-4 trips to Virginia at minimum. And as someone who is about to go through that, but with a TOTALLY different situation, and as someone who has made the trip between Ohio and Virginia countless times, it adds up fast.

Figure, gas prices keep climbing, plus lodging cost, plus food cost = an expensive bill by the time you make all the trips to TRY to establish visitations. And if you ever are able to get the courts to allow your child to visit your home in Ohio, you will be paying that cost very often (minus lodging if you are able to make it down and back without sleeping, which my wife and I have also done and it is difficult).

Not trying to discourage you, even if it sounds like I am. Just thought you should know what you are up against financially/time wise.

One last thing, by the time you get your visitations in place, you WILL be paying child support on top of all the travel expenses.