When parents get divorced in Maryland, the divorce court must make decisions with respect to custody arrangements. This is true for all minor children under the age of 18. However, matters have an extra layer of complication when a Maryland divorce court is dealing with older children, those who are 15 to 17 years old. If you need legal help with Maryland child custody matters, call the Law Office of Robert Castro at (301) 870-1200. You can also contact us via our contact page. We are skilled and experienced Maryland child custody attorneys with offices in Waldorf, Maryland.

A child’s preference is one important practical issue that arises when dealing with custody and older children. Generally, the child’s preferences are a factor the court must consider when deciding custody arrangements. Consideration of this factor is required by Maryland’s Family Law Code. However, this factor is not given too much weight for younger children. But, as a child grows up, the child’s preference has a greater impact on what the court orders.

For example, what happens if a child says that he or she only wants to live with one parent (who is not the current custodial parent)? When this happens, a Maryland divorce court is still required to evaluate custody issues based on the legal standard of what is in the best interests of the child. So, even if the child is adamant about living with the other parent, a divorce court could still deny the request and determine that such an arrangement is not in the best interests of the child. But, of course, older children can be stubborn. So, custody issues can become quite complex, involving the need to legally emancipate an older child.

Another custody issue involving older children is the focus that the courts use. There are about a dozen factors that courts must consider when making custody decisions. But the factors are not equal, and, depending on the age of the child, the importance of the factors can change. For example, which parent is the “primary caregiver” is one factor that the court must consider. This may be important for younger children, but much less so by the time the child is 17.

As another example, the age and health of a parent are factors to be considered for custody. A parent who is in ill health or older may not be a good fit for younger children. But a parent’s age and health can become less important for older children who are largely capable of acting independently.

Along the same lines, the need for stability is more important when considering custody decisions. For example, if confronted with a choice between giving custody to a parent who will remain in their current residence as opposed to a parent planning to relocate, the custody decision will likely go to the parent with more stability. Again, the legal standard is what is in the best interests of the child. The impact on the child’s life of major parental decisions is among the factors to be considered by a court. With older children, those impacts may be much larger and, thus, weigh heavily upon the court’s decision. Take a parental residential relocation, for example. With older children, the court may be less inclined to allow the change. It is generally assumed that younger children can adapt better to changes such as a parental residential relocation. A new school and new friends are assumed to be easier for younger children. This is not necessarily true for older children, where high school friends and attachments are more important for the future.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.