Legal Question in Family Law in Maryland
I am 49, divorced just over a year and my ex has physical custody of our 9 year old daughter, because it was best for her to stay with him while I tried to make it on my own. I now would like to try for, what I believed was 'joint custody', where she splits the year between us. What determines this and how do I raise my chances? Does the court consider the child's opinion at 9 years of age? Both myself and ex (with our daughter) live in MD
2 Answers from Attorneys
The overall question in these cases is what is in the best interest of the child. When it comes to splitting residential custody, school issues have to be considered so you would both have to be living relatively close for that purpose. Some judges will conduct a private interview with a child this age to see what she is thinking about this, but it won't be determinative. You would have to demonstrate a significant change in your personal situation to persuade a judge that a change was appropriate, because if her environment is stable right now a judge would be reluctant to upset that. You will need an experienced family law attorney to help you with this.
You ask a question with reference to "what you believed." I would like to understand why and what was/is occurring that is not what you believed to be applicable in the first place. Through your question I infer that you are now "making it on your own." This raises a question as to why you were not able, or how you were precluded, from making it on your own during the separation and divorce. The standard for custody is "best interests of the child" and this vast and will be decided by a judge based on presentation of evidence that needs to be presented properly. If you were not "making it on your own" but now are then you likely have satisfied the legal standard of a "material change in circumstance" which will enable you to bring your case to trial. Kindly call me at 410.750.2567 to discuss.