Legal Question in Family Law in Maryland

Can a minor choose which parent he wants to live with?

My son is sixteen and wants to live with his father. His dad is threatening to hire a lawyer. My son has gotten into some trouble in school here and I let him drop out of school. His father thinks that just because in one's month time that he has married and turned his life supposably around that he can take me to court and win. This man has had a felony drug charge in Arkansas.


Asked on 4/11/05, 11:10 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Can a minor choose which parent he wants to live with?

While a 16 year old cannot choose his custodial parent, he can influence the outcome by expressing his preference. The court will probably order a social services investigation, and all parties, including your son, will be interviewed. The judge will probably also interview your son to find out what problems he's having and why he thinks one parent or the other would offer a better living situation. In the end, the judge will act in he/she believes to be in your son's best interest.

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Answered on 4/12/05, 9:49 am
Alton Drew Alton Drew, LLC

Re: Can a minor choose which parent he wants to live with?

Were you and the boy's father married at one time? If so, was there an agreement regarding custody or visitation? Do you wish for your son to establish and maintain a relationship with his father?

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Answered on 4/12/05, 1:02 am


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