Legal Question in Family Law in Maryland

Re: at what age is a child able to decide whether he wants to visit with his/her

None. Unless a child has been emanicipated and can seek a modicification of visitation

in his/her own name, the parent of the child will need to bring forth a modification request and have the

court declare such. This answer presummes there is no direct or imminent threat or danger to the health and welfare of the

child. This answer also presummes there is court ordered visitation which must be modified in court lest the custodial parent risks

a charge of contempt.

Re: at what age is a child able to decide whether he wants to visit with his/her

There is no specific age at which a minor child can refuse to visit a non-custodial parent. No statute addresses that issue. Many judges, however, will not order visitation for a nearly-adult minor who is seriously determined to stay away from a non-custodial parent, particularly if the child has good reasons to stay away. If there is no court order for visitation, the custodial parent could simply not insist that the child go. If there is a court order and the child, old enough to have sound reasons for the wish to avoid visitation, wants to avoid it, the custodial parent can file a petition to modify visitation and ask the judge to eliminate visitation. In general, the courts operate on the theory that all children should have some contact with both parents, but most judges will realize that children over some unspecified age have some degree of need to make choices about who they spend time with.