QUESTION
My 8 year old Daughter is expressing wanting to live with me and visit her Mother.
Asked on Feb 03rd, 2015 on Child Custody - Maryland
More details to this question:
My ex-wife and I have been divorced for nearly 3 years and both are in committed relationships with intent to re-marry. We share two daughters together ages 5 and 8. We share joint legal and physical custody of both children. Our oldest daughter has expressed that she has wanted to live with me for the past two years or so. Recently she has been really stressing her living with me and visiting Mommy. After my fiance talking with her about how serious she is and the reasons why, we asked her to write a letter to her Mom explaining it and we would talk with her and her boyfriend all together. My ex-wife will not take it into consideration and will not give our daughter the oppurtunity to fully explain. She is blaming it on our duaghter's school and has caused problems at the school over it. I have spoken with the school and there are no issues with my daughter at her school. Our daughter has also expressed that she wants to talk to a judge since Mommy won't listen. What can be done?
1 ANSWER
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In order to modify custody in Maryland, you must show a material change in circumstances and that a modification is in the best interests of the child. The preference of the child is usually not considered when determining whether there is a material change in circumstances.
Now, if there has been a material change in circumstances, the child's preference will be considered when the court attempts to determine the second prong - the best interests of the child. But you must show a material change in circumstances before the court reaches that bridge.
I am a child custody lawyer in Baltimore. Feel free to contact my firm.
Answered on Feb 03rd, 2015 at 4:13 PM