Child Reference in a Custody Issue in divorce in Maryland

The courts in a divorce in Maryland will give weight to a child's preference when it comes to a custody dispute between the parents. Case law regarding the child's preference can be found in Ross versus Pick 86 A 2d. 463 (1952. This case involved the preference of a child over the age of 11. And was an initial order and not a modification. The court went on to define welfare of a child to include the considerations of training, development, morals and happiness of the child Maddox 174 MD 470. The welfare of the child is of course a major consideration on issues affecting modifications of prior child custody orders. Specifically it is necessary when filing a modification to establish that there had been a material change of circumstances affecting the child's welfare. Specifically training, development, morals, and the happiness of the child. However, as to preference the court in Ross determined that the child's own wishes may be consulted and further that Maryland adopts the role that there is no specific age of a child as a threshold before the court will consult with the child. The matter depends upon the extent of the child's mental development. The court will not exercise its discretion based upon a whim but will focus on the feelings, attachments, reasonable preferences and probable contentment of the minor child. A child's preference shall be given special consideration. If you have questions regarding child custody in a Maryland divorce please feel free to call my office at 1-888-760-7339 I am happy to answer your questions over the phone at no cost to you.