Legal Question in Family Law in Maryland

14 year old rights

Can a 14 year old decide where she wants to live, father and mother currently have joint legal. Daughter lives with father for this school year. Mother had full custody for 12 years and was living with her, had not seen father at all for almost eight years. Schools are much better where mother is living.Can school be a factor wjere the child is living. Child has been with counselor's for 1 year since father showed up in the picture. Daughter was able to go with father for school year, this decisision was based on her wanting to go because he was a fun weekend dad. Will the decision again be totally up to the child where she wants to be next year. Currently child is confused and does not want to hurt either parent or have them mad at her. Father informed her that he will never see her again if she does not follow his order


Asked on 2/12/09, 9:13 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: 14 year old rights

A 14 year old can influence but not decide where she wants to live. It sounds like the mother has physical custody per a court order, but allowed the daughter to spend the school year with the father. If the father won't comply with the mother's request to send the daughter back, she will have to file for a show cause order requiring the daughter to return. The father may in turn file a petition to modify (change) the existing order, and ultimately a judge will decide what is in the best interest of the child.

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Answered on 2/12/09, 9:36 am


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