Legal Question in Family Law in Maryland

Re: Child Visitation Rights

Courts begin to give deference to a child's wishes when the child is 14, but not until age 16 can a child petition for modification of custody in their own right. The parent could be held in contempt if she encourages the child to defy visitation, so it is important to document actions taken and/or encourage therapy between the child and father. That way, best efforts will be documented and contempt is highly unlikely. If there has been abuse of the child, of course, a protective order could be considered. If I can be of further assistance, please contact our firm. Thank you and good luck.

Re: Child Visitation Rights

The 15-year old is by definition a minor and must do as her parents tell her. If her parents determine that she is to stay with her father on those Wednesday nights then that is what she must do. The daughter is not a party to the order -- she is the subject of it. It's not a question of whether she has to adhere to anything -- that's an issue for her parents.

Of course, I'm sure the father is not endearing himself to the daughter, but perhaps he needs to carefully and thoughtfully explain to her the purpose of the overnights. If the daughter still does not go along with it, as a practical matter, I'm not sure there's a lot the father would want to do about it. He likely doesn't want to engender any hostility from her.

As for the mother, as long as she's not encouraging a violation of the order, she's in a difficult position. She has an obligation to meet the order's terms in good faith, but could you imagine a scene where she's forcing her daughter against her will out of her house? Again, as a practical matter, there may be no good way to work that out.

Re: Child Visitation Rights

Being that the child is 15, some courts are more likely not to hold the mother in contempt. However, if the mother encourages the child not to go, it may be a different story. Clearly the child is not correct as to her contention that she does not have to obey the order because she did not agree to it. However at age 16, she could petition the Court for a modification of custody.