Legal Question in Family Law in Maryland
Age minor has right to decide?
In Maryland,
What is the legal age a minor has right to decide visitation schedule with non-custidial parent?
If the child on there own do not want to visit or spend the amount of time scheduled ,
When and at what age can they schedule?
1 Answer from Attorneys
Re: Age minor has right to decide?
There is no law in Maryland that sets an age that allows a minor to set his/her own visitation schedule. There is a law which allows a 16 year old to file his/her own petition with a court to change a previously-entered custody order. By implication, a 16 year old would probably be able to request a change in visitation as well, although the final say is the court's.
As a practical matter, as a child gets older a judge will give more weight to his/her wishes is setting up a visitation schedule. However, judges don't like to completely cut off a parent's visitation rights absent some evidence of abuse, even where the child expresses a desire to not spend time with the parent.