No age in Maryland lets a child decide custody on his or her own. A child’s preference is one of the 16 factors a judge may consider under Family Law § 9-201, and it matters only when it is age-appropriate. The one firm age in the law is 16: a child who is 16 or older and subject to a custody order may petition the court directly to change custody, but the judge still decides.
Parents ask this question for different reasons. Some want their teenager’s wishes respected. Others worry that a child is being pressured. In both situations, understanding how the court treats a child’s voice helps you set realistic expectations.
The Child’s Preference Is One Factor Among 16
Since October 1, 2025, Maryland custody decisions follow the factors listed in Family Law § 9-201. Factor 15 is “the child’s preference, if age-appropriate.” The judge must address each factor in the findings, so a child’s wishes will be weighed alongside stability, each parent’s role, the child’s developmental needs, the parents’ ability to communicate, and the rest. You can read about all of them in our article on the 16 factors Maryland now uses.
The phrase “age-appropriate” is doing a lot of work. Judges look at maturity more than birthdays. A thoughtful 13-year-old who can explain concrete reasons, such as a school program or a stronger routine at home, may carry more weight than an older teen whose preference rests on fewer rules or a new phone.
How Much Weight Different Ages Usually Carry
| Age Range | How Courts Typically Treat the Preference |
|---|---|
| Under about 8 | Rarely given significant weight. Young children often want to please whichever parent they are with. |
| About 8 to 12 | Considered with caution. The judge looks for reasons rooted in the child’s needs rather than parental influence. |
| About 13 to 15 | Often given meaningful weight when the child is mature and the reasons are sound. |
| 16 and 17 | Usually given substantial weight, and the child may file a petition to change custody under Family Law § 9-103. |
These ranges are general patterns, not rules. Every case turns on the particular child.
How a Judge Hears From a Child
Maryland judges try to keep children out of the courtroom. Common ways a child’s views reach the court include:
- An interview in chambers. The judge may speak with the child privately, usually with a court reporter present and without the parents in the room.
- A court-appointed attorney for the child. In contested or high-conflict cases, the court may appoint a best interest attorney or a child’s advocate attorney. Our article on best interest attorneys in Maryland custody cases explains the difference.
- A custody evaluation. An evaluator may interview the child and include the child’s views in a written report.
The 16-Year-Old Petition Rule
Under Maryland Family Law § 9-103, a child who is at least 16 and subject to a custody order may file a petition to change custody in the child’s own name, without a parent or guardian filing for them. The court holds a hearing and may place the child with the parent the child designates. It is not required to. The judge still applies the best interest standard.
Why Pressuring a Child Backfires
Judges are alert to coaching. Asking a child to choose, sharing details of the litigation, or promising rewards for picking one home can damage a parent’s credibility and may count against that parent under the factors about protecting children from conflict. The better approach is to keep your child out of the middle, support the relationship with the other parent, and let a neutral professional hear the child’s views. Our guide on what not to say during a custody battle includes more examples.
When a Teenager’s Wishes Change After an Order
A teen who now wants to live with the other parent may support a custody modification, especially when the change reflects real developments such as a new school or a change in a parent’s schedule. The court will still look for a material change in circumstances and a best interest reason for the change.
Frequently Asked Questions
Can a 12-year-old choose which parent to live with in Maryland?
No. A 12-year-old’s preference may be considered if it is age-appropriate, but the judge decides custody based on all 16 best interest factors.
Can a 16-year-old decide custody in Maryland?
A child 16 or older who is subject to a custody order may petition the court to change custody. The judge holds a hearing and may honor the child’s choice, but is not required to.
Will my child have to testify in court?
Rarely. Maryland judges more often interview children privately in chambers or rely on a court-appointed attorney or custody evaluator.
Does the child’s preference matter more after the 2025 law change?
The 2025 law made the child’s age-appropriate preference an express statutory factor and requires judges to address every factor in their findings. The weight still depends on the child’s maturity and reasons.
Get Guidance From an Annapolis Custody Lawyer
If your child has strong feelings about where to live, Patrick Crawford can help you present those wishes appropriately while protecting your child from the conflict. Learn more about our Annapolis child custody practice, or call the Law Office of Patrick Crawford at (410) 216-7905 or reach out online.
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Patrick Crawford is an Annapolis Divorce Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
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