Does My Child Get a Say in a Maryland Custody Case?

A thirteen-year-old tells a parent, in no uncertain terms, which house they want to live in. Does that statement actually move the needle in a Maryland courtroom, or does it get filed away as one more opinion among many?

A New Law Puts This in Writing

Starting October 1, 2025, Maryland Code, Family Law Section 9-201 spells out, for the first time in statute, the factors a judge must weigh when deciding custody. Before this, the framework existed mostly through case law rather than a single written list. Among the sixteen factors now codified is the child’s own preference, though the statute is careful to qualify it: courts consider that preference only “if age appropriate.” In other words, a child stating a wish does not automatically decide the outcome.

Age Appropriate Doesn’t Mean a Set Age

Maryland has not drawn a line at a specific birthday where a child’s opinion suddenly starts controlling the result. The weight given to that opinion grows gradually, tracking the child’s maturity as much as their age. A young child’s stated preference generally carries little independent weight on its own, since courts recognize that younger children often have not developed the perspective to judge what arrangement genuinely serves their own interests. Preteens tend to get somewhat more consideration, and by the later teenage years, a preference held firmly and consistently often carries real practical weight, partly because forcing an arrangement on an older teenager against their wishes rarely works in practice.

What Else Judges Look At

A stated preference is a starting point for a judge’s analysis, not the end of it. Courts also examine:

• Whether the reasoning behind the preference reflects genuine judgment rather than a wish to escape rules or discipline at one household
• Whether a parent appears to have coached or pressured the child toward a particular answer
• Whether the preference has stayed consistent over time or shifted depending on which parent the child spoke with most recently
• The overall history and quality of the child’s relationship with each parent

When a judge suspects a child’s stated wish reflects a parent’s influence rather than the child’s own honest feelings, that preference tends to carry far less weight, no matter how old the child is.

Consistency Matters More Than Volume

A child who says the same thing calmly and repeatedly over months tends to be taken more seriously than one whose answer changes depending on the day or the most recent conversation. Because Maryland’s framework depends so heavily on these surrounding details rather than a simple age cutoff, families with children of similar ages can see quite different results.

Custody disputes rarely come down to a single factor, and a child’s preference is just one piece of a much larger picture that Maryland judges are required to weigh. If you are trying to understand how your own child’s age, maturity, and stated wishes might factor into your case, our Maryland child custody lawyers at the Law Office of Vanessa R. Dozier, Esq. are ready to walk through what the law means for your specific circumstances, and we encourage you to get in touch to set up a time to talk.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=9-201&enactments=False&archived=False