Legal Question in Family Law in Maryland

Changing Primary Physical Custody

My ex husband and I have joint custody, he having primary physical custody of our 2 daughters. He is trying to send our 12 year old daughter to private school. She doesn't want to go and is threatening suicide. She also wants to live with me(as does her 9 yr old sister). When we divorced, the girls were not given the opportunity to voice where they wanted to live. My former lawyer told me circumstances would have to be drastic to have custody changed. Are the circumstances enough now to try and have custody changed or will my daughters need to try to file themselves? (I am not financially able to retain a lawyer)


Asked on 12/07/06, 4:59 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Changing Primary Physical Custody

I suspect your daughter's desire to change residences is based on the private school issue. You would have to show that it would be in the children's best interest to change residential custody, and that usually entails a showing of a significant change of circumstances in the living environment at the father's home.

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Answered on 12/07/06, 2:19 pm


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