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?


Asked on 9/30/99, 11:50 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

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.

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Answered on 9/30/99, 3:59 pm


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