Legal Question in Family Law in Maryland
''custody''
I am divorced and have a daughter who lives with her mother,
she is 13 years old and wants to come live with me.
what steps do i need to take to get her and is she of age to make her own choose of who she wants to live with.
2 Answers from Attorneys
Re: ''custody''
Unless custody was granted by a court of law, you need only agree with you ex-wife as to where your daughter will reside. If
your ex was granted custody by a court of law, then you will need to file in court for a modification of custody. Your daughter is of the age that
her wishes will be considered in judge's determination. There are many other factors that come into play with custody modifications. You should seek that assistance of an attorney.
Re: ''custody''
In answering your question, I am making two assumptions: one, that your ex-wife would oppose your daughter living with you, and two, that physical custody of your daughter was given to your ex-wife in your divorce decree. If both of those are the case, you will need to petition your local circuit court to change the primary physical custody of your daugher. Your daughter's wishes, although they will not automatically determine who has primary physical custody of her, can be taken into account by the court as a factor when it makes its decision as to whether custody should be changed.
Ranji Garrett
301-296-4474
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.