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Is there any legal remedy available for me to change my custody from my father to my mother?

Is there any legal remedy available for me to change my custody from my father to my mother?

Q: What not to say during a custody battle?

During a custody battle, avoid making negative comments about the other parent, as this can damage your credibility. Do not express anger or frustration in court, and refrain from discussing personal issues that do not pertain to the child's welfare. Focus on the child's needs and your ability to provide a stable environment.

Full question:

I am a 16-year-old boy residing with my father as he is having my custody rights. Now I would like to stay with my mother. Is there any remedy available for me to change my custody from my father?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Maryland

Answer:

In Maryland, a child who is 16 years old or older who is subject to a custody order or decree can file a petition to change custody. The court shall hold a hearing and may amend the custody order placing the child in the custody of the parent requested by the child. This provision has been provided in Md. FAMILY LAW Code Ann. § 9-103, which reads as follows:

   “(a) Petition by child. -- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.

(b) Guardian or next friend not required. -- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.

(c) Hearing required; amendment of custody order or decree. -- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court:

   (1) shall hold a hearing; and

   (2) may amend the order or decree and place the child in the custody of the parent designated by the child.”
In Maryland, a child who is 16 years old or older who is subject to a custody order or decree can file a petition to change custody. This provision has been provided in Md. FAMILY LAW Code Ann. § 9-103, which reads as follows:

   “(a) Petition by child. -- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.

(b) Guardian or next friend not required. -- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.

(c) Hearing required; amendment of custody order or decree. -- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court:

   (1) shall hold a hearing; and

   (2) may amend the order or decree and place the child in the custody of the parent designated by the child.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What looks bad in a custody battle?

In a custody battle, factors that may negatively impact your case include lack of involvement in the child's life, poor living conditions, substance abuse, or any history of domestic violence. Courts prioritize the child's best interests, so demonstrating a stable, nurturing environment is crucial. Additionally, making disparaging remarks about the other parent can reflect poorly on you.

Who are the best witnesses for a child custody trial?

The best witnesses for a child custody trial typically include teachers, counselors, or family friends who can speak to the child's well-being and the parent's involvement. Character witnesses who can attest to your parenting skills and stability may also be helpful. Ultimately, witnesses should be credible and able to provide relevant, factual information about the child's needs and your ability to meet them.

Does my 16-year-old have to see her dad?

In custody arrangements, a 16-year-old's preferences are considered, but they may not have the final say. Courts often encourage visitation unless there's evidence of harm. If the child feels unsafe or uncomfortable, it’s essential to communicate these concerns to the court, which may modify the visitation order based on the child's best interests.

What not to say during a custody battle?

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire in a custody battle. Courts view such actions negatively, as they may interpret them as attempts to undermine the other parent's rights. This can lead to unfavorable custody decisions. It's essential to follow court orders regarding visitation and communicate openly about any concerns.

What is the biggest mistake in a custody battle?

The biggest mistake in a custody battle is failing to prioritize the child's best interests. This includes making decisions based on personal grievances rather than what is best for the child. Additionally, not following court orders or engaging in parental alienation can severely harm your case. Always focus on creating a supportive and stable environment for your child.