One of the most challenging issues that arise following a separation or dissolution of marriage are the decisions surrounding custodial arrangements. Will the child live with a parent, someone else, or share time with more than one guardian? While parents may disagree over what is best for their child, a child may also have their own strong feelings. Here at Rodier Family Law, our experienced and knowledgeable child custody attorneys discuss how and when a child may be able to choose their custodial parent.

Will a Child Have a Say In Choosing Their Guardian?

While it is ultimately up to the courts to decide living arrangements and custody that are in the best interest of the child, Maryland courts have given more weight to the wishes of older children versus younger children, in deciding custody arrangements. The Court will consider the child’s emotional and social capabilities, whether the child has considered judgment and whether the child’s preference is based on an apparently informed or well-reasoned position.  

Children may not choose for themselves, however, they may state a preference for which parent they would prefer to live with, and barring negative factors that may affect a child’s emotional or physical well-being, family law judges tend to honor these wishes.

Children, at age 16, may formally petition the court on their own for modification or establishment of their own custody; this is, however, rare.

What Factors Will the Court Consider When Allowing Children to Choose Their Custodial Parent?

At a minimum, the court will generally consider the following when determining whether a child’s wishes should be honored:

• Whether the child’s reasons are valid
• Significant factors in a child’s life, such as schooling or medical care, that may be disrupted by changing their residence
• The social, emotional, and intellectual maturity of the child

In addition to the child’s wishes, the court will also consider many other factors as required under the law, to include any prior agreements between the parents and their willingness to share custody, geographic proximity, and the parents’ capacity to communicate and reach shared decisions that affect the child’s welfare.

The court considers all of the aforementioned factors when making a final decision that is in the child’s best interest.

Will the Child Have to Testify? 

Family courts in Maryland do allow children to testify directly to the judge without their parents present (an “in chambers” interview) on a case-by-case basis.  Children sometimes also testify in open court.  However, testimony alone will not affect the judge’s ruling. A variety of factors go into making their final decision. The best interest of the child is always the top priority.  Generally, it has been the experience of our office that a child testifying in open court is best to be avoided.  Whether a child testifies or is interviewed in chambers by a trial Judge can often depend on whether a Best Interest Attorney has been appointed to represent the child in a given action and, if so, his or her position as to whether the child should testify in any capacity. 

Must a Child Choose Only Between Their Parents?

If either of the separated parents cannot agree on custody, the court, not the child,  will decide whether custody should be granted to one or both of the parents. While rare, grandparents and other interested third parties may also seek custody and, assuming that those individuals get over the legal threshold required to allow them to seek access,  the children’s preferences, if any,  are also taken into consideration in such matters in the same manner as when the dispute is limited to between two parents.

What is a Joint Custody Agreement?

Joint custody is when parents agree to share custody of their child. A child may live in one residence with parents living there on a rotating basis or may move between residences.

Contact The Child Custody Attorneys At Rodier Family Today 

If you want to avoid frequent court appearances during your child custody dispute, it may be beneficial to consult with an experienced child custody attorney to walk you through your options. At Rodier Family Law, we understand the stress and anxiety that go along with family law. Contact our offices today at (410) 803-1839  for a consultation with one of our experienced attorneys.