Child custody can be a contentious issue during divorce proceedings. To determine the appropriate custody arrangement, the court evaluates a wide range of potential factors, from parental suitability and financial situation.
These will also be considered in light of which parent has borne the bulk of child-rearing responsibilities in the past. However, one additional element that the court considers is the child’s preference, which is a factor that not all families are aware of.
In Maryland, the child does get a voice in who gains custody following a divorce and to what extent, though other elements may influence the decision or override the child’s choice.
Here is what parents need to know about the role of child preferences in custody decisions during divorce and how an experienced divorce attorney can help.
Legal Standards and Considerations
The state of Maryland assesses a child’s preferences regardless of their age, but age does play a role in how strictly the court may follow the wishes expressed by a minor.
However, while the child’s preference is a key point of consideration, it is held against other influential factors that may outweigh such preference.
Other elements the court will consider when determining child custody include whether a parent has documented mental health issues, whether there are previous or existing cases of domestic violence, and whether a parent partakes in alcohol or drug usage.
In addition, the financial situation of each parent is documented to understand their capability to provide for the child’s needs. If parents live in different school districts, their geographic location may be used to determine which educational opportunities are best for the child.
There are other, less tangible factors that judges will also consider. For instance, they will examine which parent the child goes to automatically when something goes wrong or whether the child shares information about themselves equally with both parents.
If one parent has done the bulk of the child-rearing and decision-making, in the court’s eyes, they may be more experienced with providing a sufficient standard of care the other parent may not be equipped for.
Although a child’s preferences can be taken into account at almost any age, they are not the sole determining factor for the court. If the child chooses a parent who is financially insolvent, for instance, the court may overrule the minor’s choice in favor of placing them with the financially stable parent.
It is important to note that this is not an automatic default to the parent making more; this is a determination of financial stability.
Other factors the court will review include which parent has a more suitable place to live, whether the child will have access to sufficient educational and medical resources, and whether transportation for the child is readily available.
Factors Influencing Child Preferences
Whether the court abides by a child’s declared preferences comes down to three primary factors.
The age and maturity of the child – In Maryland, children aged 16 and above are legally permitted to petition the court to live with a specific parent or change an existing custody arrangement. Below this age, children as young as five years old may express their desires. However, the court will examine the child’s ability to tell fact from fiction or succumb to pressure (e.g., to ensure that the child is not choosing one parent because that parent bought them a gaming console the day before the hearing). In the majority of cases, the court will hear from the child outside of the presence of the parents to prevent coercion or pressure.- The quality of the relationship – Children are not expected to live with parents who maintain a low quality of relationship with them, even if that parent is suitable in other areas such as finances. If a child does not like a particular parent, this is often factored into the decision with an understanding of why.
- External factors – A child’s preference may be colored by threats, pressure, and manipulation, and it is up to the court to identify these external elements that may influence a minor’s answer.
Seek Divorce Attorney Assistance to Secure Child Custody During Divorce
If you are facing a child custody dispute during a divorce, it is important to understand the many factors that the court will review to determine how to divide custody between the parents.
A child’s preference is an important factor, but it is not the only criterion for placement. A divorce attorney at Milstein Siegel can help you strengthen your case for child custody and demonstrate your suitability as a parent during your hearing.
Contact Milstein Siegel to schedule a consultation to maintain as much custody as possible.