Legal Question in Family Law in Maryland

Re: Legal age

There is no Maryland statute that establishes an age at which a minor child can decide which parent he or she wants to live with. It is up to the discretion of the judge to decide, on a case by case basis, whether a child's wishes should be considered. If one parent is clearly unsuitable, for whatever reason, to have custody, the judge may refuse to award custody based on the wish of even a seventeen year old child. On the other hand, if an eight year old talks to the judge (almost always done in private, or in the courtroom with neither of the parents present) and seems to have good reasons to wish to be with one parent and not the other, the judge may pay serious attention to the wishes of the child - but it is still the judge's decision.

Re: Legal age

It really depends on the state law that is being applied. In MD, the courts may consider the preference of the child if the child is "of sufficient age and capacity to form a rational judgment". Basically that means it's up to the judge to decide whether he or she wants to take the child's preference into account.