Legal Question in Family Law in Maryland

At what age does a child have rights?

My ex-husband was convicted of child abuse and manslaughter of our youngest daughter in 1999. He served time in jail, and now 8 years after the conviction he is pursuing visitation with our oldest daughter who is now 13 years old. She has expressed that she doesn't want to have visitation with him, but lawyers involved in the case have basically told me she has no rights to decide in this matter. My daughter is not an immature girl, her past has unfotunatly made her grow up fast, but in turn has also made her a very mature and wise girl. I want to protect my daughter the best I can and I don't feel it is in her best interest to she her biological father. She has been living with myself and her step father along with her half brother and sister. She gets good grades and is a plesant well adjusted person person. I am afraid forcing her to do this will disrupt her happy life. At what age in the State of Maryland does my child have a say in her own life?


Asked on 9/19/07, 8:33 pm

2 Answers from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: At what age does a child have rights?

At 16, a child may file a petition to change custody and the court would be required to consider the child's wishes. While the statute doesn't specifically address visitation, it is likely that a judge would hear the child at 16.

At 13, it is up to the discretion of the court whether to interview the child and/or consider her wishes regarding custody/visitation.

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Answered on 9/20/07, 9:42 am
Robert Sher Wagshal and Sher

Re: At what age does a child have rights?

As part of the visitation proceeding, the court could order its social services department to conduct an investigation. They would interview your daughter and include her responses in their report to the judge. They will recommend whether your ex should be granted visitation, and if so, under what conditions, and your daughter's wishes would undoubtedly influence their recommendation.

Also, the judge could conduct an off the record conversation with your daughter about her feelings. This is usually done in the judge's chambers, a more relaxed setting, and typically without the parents or lawyers present. While the judge will make a decision based on all of the evidence, I would think that he/she would likewise be somewhat influenced by what your daughter would say to him/her.

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Answered on 9/20/07, 10:26 am


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