Can My Child Choose Which Parent to Live With in Maryland?

During a Maryland divorce, or in a post-decree action, your child may want a say in their own custody arrangement. Are they allowed to choose which parent to live with? While your child’s preferences may be taken into account, they do not get the final say in where they live. Instead, that decision is ultimately up to the parents or the court. This is based on the child’s best interests, not just what they want in that moment.

At RPM Law, our Maryland family law attorneys are ready to help with any child custody issue you face. We know that your child’s opinion matters and how to take it property into consideration. Let us speak with you about what you are looking for and how to seek the best parenting arrangement for you and your kids. 

Maryland Custody Law: The Best Interests Standard

Maryland, like most states, uses a best interests standard to determine child custody. The court looks at the child’s well-being first and foremost. The child’s opinion is just one of many things it can consider. 

The court is allowed to consider what your child wants in its analysis. However, it is far from the sole or deciding factor for most cases. The court will prioritize the best interests as a whole.

How Old Does My Child Have to be to Express Their Opinion?

State law doesn’t give a specific age for when they’re old enough to give a custody opinion. Instead, the court looks at whether they are mature enough. They also look to see if they can give a reasoned preference of some kind that makes sense.

Usually, young children lack the maturity to express a reasoned opinion. They don’t fully understand the consequences of their choice and how it could affect them. Older children, however, likely do have some level of maturity to make decisions with their own best interest in mind. They understand more of the nuances associated with custody decisions, and why their opinion should matter.

Will the Court Take My Child’s Opinion Seriously?

Court’s will especially consider why the child has that specific opinion. If the child wants to live with one parent just because the other one is more strict, that’s likely not a good reason. They may have personal preferences based on who took away their TV time last, instead of well-reasoned thoughts.

In other cases, their opinion matters greatly. Perhaps the teenager has witnessed domestic violence, or has strong preferences about their schooling. These could impact custody decisions, and the judge could take those thoughts very seriously.

How Courts Learn What the Child’s Preference Is

Usually, children don’t testify in court about their opinions or thoughts if it can be avoided. This can be traumatic for them. Instead, courts will:

• Use child custody evaluations by a neutral party
• Conduct a private interview with the child and the judge

What Weight Does the Child’s Choice Have?

Even if your child has a strong preference, and a well-reasoned one, the judge ultimately decides. They look at all of the best interest factors in making that decision.

Ultimately, the child’s safety, stability, and long-term well-being outweigh personal preference.

Learn More About Custody Issues with the Help of a Maryland Child Custody Attorney

While a child cannot simply choose where they go and who they live with, their opinion might matter. The court will base its decision on that child’s best interests, which may be impacted by the child’s own opinion. How this and other factors are balanced will be different in every case. Speak to an attorney about how to handle these and other custody-related challenges. 

Our team at RPM Law is highly experienced and ready to help with custody issues in Maryland. Contact us today for a consultation.