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Can a Child Under 16 Years Old Determine Their Custodial Parent? The judge will consider the child's maturity and age before determining if his/her preferences should be taken into consideration in a custody hearing.
The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. A child of at least 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody.
Courts have allowed children as young as five to testify about their custodial preferences. The child's preference is not the only factor in custody cases. Courts must determine what is in the child's best interest, separate from what the child wants.
Parenting plans are a guide for how parties will handle child-related issues. With a parenting plan, parties not the court decide what is best for their family after considering the child's unique needs.
At What Age Is A Child's Preference Taken Into Account? In Maryland, a court will take the child's preference into account when they are 16 years old. Once a child reaches the age of 16, they also have the right to petition for the custody arrangement to be altered.
Courts have allowed children as young as five to testify about their custodial preferences. The child's preference is not the only factor in custody cases. Courts must determine what is in the child's best interest, separate from what the child wants.
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The court will also include the child's preferences if the child is at least 16 years old. At that age, the child can also petition the court for change of custody. This does not mean the court will forgo other factors though before determining custody.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
2d 736 (1970).) In Maryland, children who are at least 16 years old can also request a change of custody. The child can file a motion to change custody without a guardian, but the child must demonstrate that a modification is in the child's best interest.