Legal Question in Family Law in Maryland

Changing physical custody of minor

My husband has had physical custody of his daughter since his exwife divorced him 8 years ago. She did not want the child with her. His daughter is now 12 and the exwife is telling the daughter that she ( the kid) can choose where she wants to live. My husband took her to court last year (for many reasons) but one of the main was for sole legal custody. She counterfiled for filed for sole custody( right now have shared custody) the judge awarded my husband physical custody so it all remained the same. My question: How much say does the 12 year old have in determining where she lives, at what age does her choice become valid and having just been in court last year would the ex stand a chance to change custody since she was turned down last year? Thank you very much.


Asked on 5/15/08, 12:08 pm

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: Changing physical custody of minor

Once the child turns 16, she may petition the court regarding a change in custody and the court is required to consider her wishes. At 12, the court may, at its discretion, hear the child and consider her wishes, but is under no obligation to do so. If the court awarded custody to your husband a year ago, the ex would have to show that a material change in circumstances has occurred since that time that would warrant a change. The desire of a 12 year old child without any other factors would not be enough.

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Answered on 5/15/08, 1:32 pm


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