Legal Question in Family Law in Maryland
A 14 year old boy who lives in Maryland has lived with his mom for the past 6 months even though his dad has full custody because the dad got incarcerated for repeat DUI. Now that the dad is back out he wants the 14 yr old boy to live with him again but the 14 year old boy does not want to go back to his dad and wants to stay with his mom as he feels most comfortable there. The mom has filed for a child custody hearing. Is there anything the 14 year old boy can tell the court so that this matter is decided in the boy's favor and not the dad's?
2 Answers from Attorneys
Usually the judge will have a private conversation with a child of this age, at which time he can express his feelings to the judge. This is done outside the presence of the parents or their lawyers so the child doesn't feel pressured to say what he thinks his parents want to hear, and to avoid any later repercussions. The judge isn't bound to follow the boy's wishes, but they will be strongly considered.
It is inappropriate to tell a witness what to say, but based on the child's maturity level, that court may be willing to allow him to testify and may want to hear from him.
What follow-up treatment is the father doing and how many DUI has the father had in the past? Most do not do jail time for an initial infraction. Fitness of the father as a parent is certainly a compelling issue to present to the court as well.
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