Can A Child Choose Which Parent To Live With In Maryland?

When parents seek custody of their child, one of the first questions that arises is whether the child has the right to choose which parent they will reside with. Most people assume that there is an exact age at which the child may make the choice, but there is no such age in Maryland. The only criterion that determines custody is “the best interests of the child.”

While considering a child’s preferences as well as other factors is certainly important, it is not the determining issue for the court.

There is no automatic age of choice 

Unlike other states, children in Maryland do not have the right to select their preferred parent to live with at a particular age. This means that even a child aged 12, 14, or 16 cannot simply state where they’d like to live.

As a child grows older, his or her views may be more valued, and a more mature child may give better explanations for his or her choice. Nevertheless, the final decision concerning custody is made by the court.

How a child’s preference is considered 

In assessing the child’s preferences, the court does not just look at whether the child prefers one parent to another. The judge examines whether the child’s preference is grounded in proper or improper reasons.

For instance, if a child wants to live with one parent simply because there are fewer household rules, the court would not likely consider the child’s preference when determining where they live. However, a preference about issues like education, social relationships, stability, or a closer relationship will be given more weight.

The child’s level of maturity is as important as their age.

The best interests of the child come first 

In deciding the most beneficial custody arrangement for the children, the courts in Maryland consider several different factors. These include:

• The capacity of both parents to take care of the child
• The connection the child shares with both parents
• The stability of both home environments
• The willingness of both parents to help the child develop a good relationship with the other parent
• The educational, emotional, and physical needs of the child
• Reasonable preference of the child

No single thing decides the outcome; rather, all of the above factors are taken into account.

How the court learns the child’s wishes 

Usually, judges try not to put children in the middle of a dispute between parents. Often, the children aren’t compelled to provide testimony in court. Instead, the court may gather information through another approach, such as interviewing the child with a court-appointed representative who considers the child’s best interests.

Contact an Experienced Family Law Attorney Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air, MD, parents during custody disputes. Call our Bel Air family lawyers today to schedule an appointment, and we can begin drafting your arguments immediately.