Does a Child's Preference Matter in Maryland Custody Decisions? |
Posted: August 9, 2017 |
Even though their lives will be forever altered and upended, kids don’t get much of a say as to whether or not their parents get divorced. But every child certainly has feelings about the situation. Those feelings may include confusion, sadness, anger, or fear. Most children will also have opinions about what will happen to them after the divorce; where they will live, who they will live with, and how much time they’ll get to spend with each of their parents. But how, if at all, will those opinions and preferences be taken into consideration by a Maryland family court judge when making decisions about child custody? Child’s Preference May Be Considered When Evaluating Their Best Interests As is the case in almost all states, Maryland courts make child custody determinations based on what is in the best interests of the child. A multitude of factors are considered when trying to ascertain what arrangements would be in the child’s best interests, including:
These factors are considered on a case by case basis, and not all factors may play a role in any given custody determination. Maryland judges have extremely wide discretion in determining which factors they will consider as well as how much weight will be given to each factor relative to other factors. This includes how much and whether a child’s expressed preferences will be thrown into the mix. Maturity and Ability to Make Rational Decisions Is Key As noted, a child’s preference may be taken into consideration if he or she is “of suitable age and discretion.” As any parent knows, every child is different. Two children of the same chronological age may have wildly dissimilar levels of maturity, thoughtfulness, and rationality. That is why Maryland law does not set a specific age for when a judge may consider a child’s preference. A child may be mature enough to express thoughtful opinions about their own future, but that does not mean they are unsusceptible to improper influence. Parents may try to engage in all sorts of dubious conduct to get a child to favor them over the other parent; bestowing gifts, promises of lax discipline, badmouthing their spouse in order to turn the child against them. That is why the judge will want to do some digging to ensure that the child’s preferences are truly their own. This may involve the judge hearing from the child directly in chambers, without their parents so long as the parents consent. Alternatively, the judge may appoint a guardian ad litem to represent the child’s interests and express their own opinions about the child’s best interests and the bases of the child’s custody wishes. Even if a judge is satisfied that a child’s expressed preferences were formed without improper influence and are the product of reasonable consideration, that judge can still completely disregard those opinions if other factors lead them to conclude that granting custody to the child’s preferred parent would be against their best interests. If you have questions or concerns regarding Maryland child custody issues, please contact a Baltimore and Towson child custody lawyer by filling out this online inquiry form to arrange for your free, confidential initial consultation.
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