If you’re going through a divorce and you have children, one of the challenges you’ll face is child custody arrangements. This can be a difficult situation for everyone in the family, including your kids. They may feel as though they have no say in the matter of custody, but that’s not always the case.

Learn more about how to address common child custody issues and how your child’s preference could play a role.

Understanding Maryland’s Child Custody Standards

In Maryland, as throughout the rest of the country, there are two main types of child custody. The first is physical custody, which refers to where the child lives. The other is legal custody, which refers to which parent makes certain important decisions for the child, including those involving healthcare, education, and religious upbringing.

It’s possible for the parents to split these responsibilities. It’s also possible for one parent to have all of the say.

Above all, Maryland courts prioritize the best interests of the child. This means looking at a number of factors. For instance, the court will consider:

  • Each parent’s fitness as a guardian
  • Each parent’s financial stability
  • Each parent’s general character and reputation
  • The proximity of the parental homes
  • The child’s relationship with both parents, siblings, and other family members

In some circumstances, the child’s preference will be taken into account. But what does this mean, exactly?

The Child’s Preference During Custody Decisions

Although the court may consider your child’s preference of which parent to live with, it’s not the primary deciding factor. Maryland doesn’t give children the absolute right to choose their custodial parents.

The court will take the child’s age into account, along with their maturity level. Generally, a younger child’s wishes won’t be weighted as heavily as those of an older child or one who clearly understands the process and can make an informed decision.

To seriously assess the child’s preference, the judge will look at whether there’s sound reasoning behind their decision. If the child can clearly state why they would prefer to live with one parent over the other, that will mean more than if their choice is based on which parent allows them the most freedom or is most lenient.

So while the judge will take heed of the child’s preferences, they’ll ultimately be more focused on ensuring that the child’s best interests are served.

Can a Child Request a Change in Custody?

Under Maryland law, a child who is at least 16 years old and already subject to a custody order can petition the court for a change of custody. Filing such a petition doesn’t mean that the child’s wishes will automatically be granted, however.

The judge will still take time to review all of the facts regarding the current custody arrangement and why the child may be unhappy with it. Even so, this can be a good way for older children to make their voices heard if they have any concerns.

How Does the Judge Know What the Child Prefers?

In many instances, the judge will hold what’s known as an “in camera” (Latin for “in chambers”) interview. This is a private, one-on-one conversation between the judge and the child that allows the former to get a better sense of the latter’s preferences and concerns.

Other times, the court may appoint an attorney to investigate the child’s situation at home and determine which parent may be the better custodian. It’s also possible for the court to assign a custody evaluator to meet with the child and offer a formal report.

It’s important for the parents not to coach the child on what to say during meetings with the judge or lawyers. They’ll be able to pick up on rehearsed statements, which can hurt more than help a parent’s case.

It’s better to work closely with a qualified child custody lawyer.

Choose a Compassionate and Dependable Attorney for Your Child Custody Case

If you’re going through a divorce and you have children, it’s important to have a skilled attorney to guide you through custody issues. The right legal professional can help protect your rights and interests, as well as those of your child.

The seasoned family law attorneys at Blattner Family Law Group can stand by you as you go through this complex time in your life. Contact us today to schedule a free initial consultation.