Legal Question in Family Law in Maryland

I have full custody of my fourteen year old daughter since 1998. The court order states that her father is to pick her up every other weekend. When the order was made my daughter was two years old and now at fourteen and a freshman in highschool she has had lots of dances school events and sporting events that she has been attending. She is now and has been for the past month has been receiveing threatenting phones calls from her father stating that she needs to be with him instead of the events she has been recently attending.

My question is at what age can a highschool teenager say when she would like to go or not.

Thank you,

Sad mom


Asked on 10/12/10, 2:51 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Sorry Mom, but if Dad has custody every other weekend, that means he gets custody every other weekend. That will be the case until your daughter is 18 years old and is recognized by the law as an adult, or unless you petition the court for a change of the custody arrangement.

I would be upset if I was in Dad's shoes and I received 4 days out of every 30 to see my daughter and I start receiving resistance not only from my daughter, but from my ex-wife. It concerns me that at 14 years of age, you believe it is more important that your daughter go to dances than maintain a relationship with her father. Perhaps she can have both??? Perhaps you and the father can work together in the future to swap weekends if your daughter has extra-curricular activities she wants to attend? How about Dad serving as a chaperon for some of these sporting events/dances? That way, he gets to spend time with his daughter and she gets to attend her events. I don't see why there can't be some compromise here.

In a worse case scenario, you can petition the Court that issued your divorce decree for a modification of the custody arrangement. You will have to show a significant change of circumstances that justifies the modification of the custody arrangement. You will also need to show that a chance in the custody arrangement is "in the best interest of the child." You should be prepared, however, that if you go to Court asking for Dad to get less time, it is certainly within the Court to award Dad MORE time than he had before, if it's in the best interest of the child.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/17/10, 5:52 pm


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