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Do children have a say in their custody arrangements?

On Behalf of | Jan 24, 2025 | Child Custody |

Divorces bring out strong emotions in everyone involved. This is especially true with children. They may feel confused and hurt while trying to process their new reality.

In addition to sadness, they can also experience anger and feelings of betrayal towards one parent. You want to respect their boundaries, but will the court allow them to express their wish not to see your co-parent?

How courts determine child custody

Maryland recognizes two types of child custody Legal custody is the right to make significant decisions regarding the child’s life. Physical custody is where the child lives and who provides their daily care

In deciding upon a custody arrangement that is in the child’s best interest, the courts will consider:

  • Each parent’s ability to care for the child
  • If there is any history of abuse
  • If the child has any special needs
  • The location of each parent
  • The child’s preference, if they are old enough and mature enough

The court will usually attempt to award joint custody unless one parent has a history of violence, abandons the family or is unable to care for the child.

The courts prefer to see the child have a relationship with both parents, so they may be reluctant to grant an adolescent’s wish to stop spending time with one of their parents. If a child won’t visit one parent, the court could hold the other parent responsible.

If your child is refusing to spend time with the other parent, it’s crucial that you get to the root of the problem. Having an honest, open-ended conversation with them can give you better insight. You may also need the help of a therapist so they can speak about their issues in a confidential space. If you need to navigate the situation in court, it’s important to have experienced legal guidance.

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