Legal Question in Family Law in Maryland

My husband was granted custody of my son in prince georges county, md. i live in montgomery county, md. the judge stated that my son, age 15 could not make a decision about where he wants to live until he is 16 (august 1, 2011). can i file for a change of venue to montgomery county, md to get another judge who will possibly allow my 15 year old son the option of making his own decision as to where he wants to live?


Asked on 12/27/10, 10:34 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Maryland Family Law Section 9-103 provides:

(a) A child who is 16 years or older and who is subject to a custody order or decree may file a petition to change custody.

(b) A petitioner under this section may file the proceeding in the petitioner's own name and need no proceed by guardian or next of friend.

(c) Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree the court:

(1) shall hold a hearing; and

(2) may amend the order or decree and place the child in the custody of a parent designated by the child.

A Maryland family law attorney can help gather and present the evidence necessary to ensure the child has the greatest success in persuading the court to modify the custody arrangement.

Long story short, unless there is a material change in circumstances surrounding the Dad's ability to care for the child, the judge's ruling will stand until your child turns 16 and has more influence in the outcome.

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

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Answered on 1/03/11, 8:42 pm
Robert Sher Wagshal and Sher

To amplify what Mr. Cook said, you will not be able to change the venue in this case to Montgomery County just because you disagree with the ruling of the judge in Prince George's. This is because your son's and his father's legal residence is in PGC. While judges and masters often give a lot of weight to the wishes of children who are your son's age as to where they would like to live, the final decision remains with the judge, who must do what he/she thinks is in the best interests of the child. Even if a 16 or 17 year old files for change of custody under the law cited in Mr. Cook's answer, the judge has the discretion to deny the request if the evidence indicates the other parent is unfit or that it would be against the child's best interests.

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Answered on 1/04/11, 7:03 am


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